My mother’s ex-husband died in March. He was under an obligation via a court order to pay her a proportion of his salary, and, when he retired, his pension. Upon his death, payments ceased. Is it incumbent on his widow to continue to pay the money?
I know this may depend on the actual terms of the settlement, but responses in general terms would be appreciated.
You said it best, “depends on the settlement”. Generally the obligation is personal, so the payments will stop upon death, the agreement might have been drafted to allow some payment after death from the estate. Unlikely, very much so. Best advise get hold of a solicitor, and ask him. ’
Source: Am a student at the Inns of Court School of Law in London (it’ll never be “City” for me).
Under what possible standard interpretion of law could his widow be responsible to your mother for support? His estate might have some obligation depending on the settlement terms, but his widow?
She could be responsible if she is the executrix of the estate or is a trustee (if there is a trust). Not otherwise. As said, ask a solicitor who specialises in family law.
My understanding of the situation is that it hinges on the widow continuing to receive a pension (a widow’s pension?) from the company my mother’s ex-husband used to work for.
Again it depends on the settlement. You need professional advise from people in the know. From what I have been able to glean from what you have said the settlement was a fairly complicated one. Which is why you need the advise of solictors specialising in Family Law. Not advise from a board with people from all four cornors of the world.