Paying Spousal Support (Even After You Die) R.C. 3105.18(B)
According to Ohio Revised Code section 3105.18(B), “Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.” While this topic may seem to be a common-sense approach, sometimes providing for the care of a spouse following the death of a payor spouse is vital. In situations where the payor spouse is significantly older or ill, you should request that your attorney attempt to provide for spousal support for a reasonable period of time. As the statute clearly sets forth, the spousal support will only continue if your attorney is prescient enough to think the matter through at the time of negotiation. If you case is proceeding in a dissolution, you should make a clear provision in the separation agreement that takes into account the circumstances, timing and funding method for spousal support upon the death of the payor spouse. In 2002, Ohio enacted R.C. 3121.441 authorizing the court to order spousal support payments in real or personal property or both. The same statute allows a court to allow payment in installments or one lump sum. Using the law to secure your finances, your family and your future is what I do.
Jamie L. Anderson dedicates her practice to representing families through the changes of a divorce or dissolution. She has made herself one of Greene County’s most prominent matrimonial attorneys and will use her experience to secure your family, your finances and your future. Jamie practice matrimonial law throughout the Miami Valley in the Greene, Montgomery, Clark, Miami, Warren, Fayette Domestic Relations and Juvenile Courts. Contact Jamie L. Anderson at (937) 879-9542 or visit www.OhioDivorceAttorney.com to learn more.
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