Spouse not entitled to alimony after paying spouse dies

Law Reporter, Dec 2004

Cohan v. Feuer, 810 N.E.2d 1222 (Mass. 2004).

The Massachusetts Supreme Judicial Court held a spouse's obligation to pay alimony until the death or remarriage of the receiving spouse terminates upon the death of either party unless otherwise specified.

Here, the spouses divorced, and the husband was ordered to pay spousal support. Before a hearing on reduction of die support, the ex-spouses reached a stipulation in which he agreed to pay spousal support that would cease "upon the death or remarriage" of the ex-wife. After he died, the ex-wife filed for a continuation of support, and Ms estate protested. The trial court held the stipulation did not contemplate postmortem alimony and granted defendants summary judgment. An appellate court reversed.

Reversing the appellate court, the state high court, in an issue of first impression, noted that an order for the payment of alimony generally ceases with the death of the obligated party unless the decree states otherwise. However, plaintiff here argues the stipulation that alimony ceases upon her death or remarriage provides an express agreement by the parties to override the general rule, the court said.

The court determined that the cases cited by plaintiff are distinguishable because those agreements were part of the original proceedings, not a subsequent enforcement action, and because the spouses in those cases had evidence that the parties intended postmortem alimony. Here, there is no evidence that the spouses contemplated the duration of alimony. Previous agreements made no mention of postmortem alimony, and this agreement was reached simply to resolve the ongoing support dispute. The court rejected plaintiffs argument that she agreed to settle her petition against the reduction as consideration for a lifetime alimony award. Rather, the court said, plaintiffs motivations were actually to increase the alimony and to make it harder for her ex-husband to get a reduction later. Thus, no rational juror would find that the parties intended to create an obligation that would continue after the husband's death.

Estate's Counsel

John M. Reed, Brookline, Mass.

Thomas A. Reed, Brookline, Mass.