What happens to spousal maintenance if the receiving spouse dies?

In New York, the general rule regarding spousal maintenance (also known as alimony) is that it terminates upon the death of the receiving spouse. This principle is based on the understanding that spousal maintenance is intended to provide financial support to a spouse during the marriage and in the event of separation or divorce; it is not meant to serve as a legacy or continue indefinitely beyond the life of the individual receiving it.

When the receiving spouse passes away, the obligation of the paying spouse to continue providing maintenance ceases. This reflects the view that the purpose of maintenance is to address the financial needs of a spouse who can no longer rely on the support of their partner, and once that spouse is no longer living, those needs are considered resolved.

While the maintenance obligation ends with the death of the receiving spouse, any arrears—payments that were owed but not made prior to death—could potentially be addressed by the estate of the deceased. However, the active payment of spousal maintenance is not transferred to any heirs or children, nor does it automatically increase or continue indefinitely.

Understanding this rule helps clarify the obligations of former spouses and how they are affected by changes in life circumstances, specifically death. So, the correct answer regarding the status of spousal