Not even death can stop alimony payments to divorcee
by David Weber
Friday, May 30, 2003
"Til death do us part'' has a whole new meaning in marriage now after a state court ruled yesterday that a woman should continue to receive alimony payments from her husband even though he died five years ago.
The Appeals Court said death is no excuse for Dr. Henry H. Cohan, formerly of Newton, to stop sending $475 a month to his wife, Barbara Cohan of Philadelphia, because the couple entered into a specific agreement in 1983.
The court said it is "well-established'' that alimony payments cease with the death of the husband if there is no court-approved decree.
But in the Cohan case, the divorced couple agreed to language stating the payments would continue "until the death or remarriage of (Barbara Cohan).'' The Appeals Court cited a 1932 case that paved the way for the justices to reach their decision overturning Superior Court Judge Diane Kottmyer's ruling in favor of Henry Cohan's heirs.
"It is a great decision. My client is thrilled. She is in some pretty severe financial constraints right now,'' said Barbara Cohan's attorney, Shannon Fitzpatrick.
The attorneys for Henry Cohan's estate had argued that the language of the 1983 alimony agreement was ambiguous and that Henry Cohan never intended the payments to continue after his death. But the Appeals Court found no ambiguity in the agreement.
"Barbara has neither died nor remarried, and therefore Henry's estate is bound to continue making payments,'' Justice Mel Greenberg wrote in the Appeals Court opinion.
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