Can Spousal Support Be Protected If the Paying Spouse Passes Away?

Can Spousal Support Be Protected If the Paying Spouse Passes Away?

Can Spousal Support Be Protected If the Paying Spouse Passes Away?

Understanding What the Nelson Case Means for Spousal Support in California Divorces

 

When a marriage ends, spousal support can be an important financial lifeline. It helps the lower-earning spouse maintain stability while rebuilding financially after separation. But one question comes up often:

What happens if the spouse who pays support passes away while support is still owed?

A recent California Court of Appeal decision, In re Marriage of Nelson (Oct. 30, 2025), offers helpful clarification on how courts can protect the supported spouse in this exact situation.

The Key Laws at Play: Family Code § 4337 and § 4360

Here’s a brief overview of what the laws state regarding these two sections.

  • Family Code § 4337 says that spousal support automatically ends when:
    • Either former spouse dies, or 
    • The supported spouse remarries.

Simple enough, right? But here’s where a dispute arose.

  • Family Code § 4360 gives courts the authority to require the paying spouse to secure their spousal support obligation. This can mean requiring the payor to:
    • Maintain a life insurance policy,
    • Create a trust, or
    • Set aside other assets as security.

The main purpose of Family Code § 4360 is to make sure the supported spouse doesn’t lose their support income unexpectedly if the paying spouse passes away.

What Happened in the Nelson Case?

In Nelson, the paying spouse argued that requiring him to secure support contradicted Family Code § 4337, that spousal support automatically ends when either former spouse dies or the supported spouse remarries. The paying spouse believed that securing support effectively meant support would continue after death.

The Court of Appeal disagreed.

The Court’s Reasoning Behind Their Decision

The Court clarified that requiring security does not extend support beyond death. Instead, it ensures that support already owed during the paying spouse’s lifetime will still be paid, even if they pass away before making the payments themselves.

Without that protection, the supported spouse could suddenly lose vital income—and be left in serious financial hardship.

Why the Court Required Security in This Case

The Court considered several factors while making its decision:

  • There was a large difference in income and assets between the former spouses.
  • The paying spouse was more than 10 years older than the supported spouse, making it more likely he might pass before support ended.
  • Traditional life insurance wasn’t practical due to the paying spouse’s age, so the court ordered the creation of a trust instead.

In short, the Court found that there would be a significant financial risk for the supported spouse should they suddenly lose support due to the death of the paying spouse.

Key Points

  • Courts can require security for spousal support under Family Code § 4360.
  • Security does not extend support beyond death—it simply ensures that the support the paying spouse was already obligated to pay is actually received.
  • Whether security is required can depend on the circumstances, including:
    • Age and health of the paying spouse,
    • Differences in income and assets,
    • Whether life insurance or other security is practical.

Final Thoughts

If spousal support is part of your divorce, especially in long-term marriages or where there are significant financial differences, it may be worth discussing whether support should be secured. The Nelson decision confirms that California courts have the authority to protect supported spouses from sudden, unexpected financial loss.

If you’d like help understanding whether support security may apply in your situation, we’re here to help.

For any inquiries, please contact:

Email: [email protected]

Web: fordfamilylaw.com