Can North Carolina Spousal Support Payments Continue After the Paying Spouse Dies?

Spousal support can be awarded in North Carolina divorces if the court determines that such payments are necessary for the maintenance of a lesser-earning or dependent spouse. The terms of support vary from case to case, but the court may award payments for a set or indefinite period of time.

An indefinite spousal support period does not mean forever because North Carolina law states that alimony will end if one of the following conditions are met:

• The dependent spouse remarries
• The dependent spouse cohabitates with someone in a relationship analogous to marriage
• One or both spouses die

This means that, typically, spousal support will stop if the paying spouse passes away. The case of Cusick v. Longin explored a potential exception to this rule.

Cusick v. Longin

Plaintiff married her husband in 1991, and they divorced in Colorado in 2018. The decree incorporated two memorandums of understanding (MOU) that documented the terms of the parties’ separation agreement. One MOU listed marital assets without any reference to the income of either spouse. It also designated monthly payments of $2,000 to Plaintiff over a period of five years.

The second MOU noted that the payment term for spousal support would be extended to seven years. It also stated that the maintenance payments would not be modified for any reason, and the Colorado court divested all jurisdiction to modify the maintenance payments.

In 2021, Plaintiff’s husband (Decedent) died in North Carolina. Before his passing, Decedent made 32 monthly spousal support payments totaling $64,000 in compliance with the separation agreement, leaving 52 monthly payments remaining, totaling $104,000. Plaintiff made a claim in that amount against Decedent’s estate. The estate rejected the claim, and Plaintiff sued the estate.

The trial court dismissed Plaintiff’s complaint based on the estate’s motion for failure to state a claim upon which relief can be granted. Plaintiff appealed.

Wife Appeals

In her appeal, Plaintiff stated that, since the separation agreement included a non-modification clause, she was still entitled to the remaining support amount. The estate argued that Colorado law does not require posthumous maintenance. Because the decree was originally entered in Colorado, the North Carolina Court of Appeals examined Colorado statutes and case law to identify the most appropriate laws and precedents to apply in this case.

While there was case law to suggest that a non-modification clause is sufficient to overcome statutory requirements, such as alimony ending upon death, the appellate court did not feel this interpretation best fit the current case. The appellate court chose to apply the plain-meaning rule outlined in the statute that a support obligation ends upon the death of either spouse.

Plaintiff and Decedent did not include a provision that stated, in writing, that they agreed to posthumous payments. The crux of the issue, according to the appellate court, is that if parties want posthumous maintenance, they must include such terms in the agreement. The trial court’s ruling was affirmed.