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MrsVan Asked September 2023

POA and alimony responsibility

My husband has Alzheimer’s and I have POA. Twenty-five years ago he divorced his wife and part of the final agreement was alimony for life and a life insurance policy to be maintained for life. As his POA am I obligated to continue with these conditions? We can manage the alimony but the current life insurance is a term policy and will expire in 2 years. He will not qualify for a new policy with an Alzheimer’s diagnosis.

MargaretMcKen Sep 2023
Options to consider:

1) Contact the ex-wife, tell her that the current life insurance policy is due to expire, and that a new policy will be impossible in view of this current health. This will help her to plan. If she threatens court action don't worry - I can't see a court trying to enforce this after 21 years.

2) Ask her for details about the alimony. Ex-wife is now probably of an age to be receiving some type of pension, and may have needed to pay taxes earlier. As POA, you ‘need more information about the alimony’, as you have to document your management of his finances. Medicare may demand this for your husband to establish that the payments are not in fact gifts. Ask for evidence of how the alimony receipts are declared for taxation purposes and for pension purposes. You never know, there is a good chance that the alimony may evaporate – which after 21 years is not such a bad thing.

JoAnn29 Sep 2023
In my State there are alimony decrees but short-term. Me I was only married 5 years and in my 20s. So I could have gotten it for 3 yrs. A friend had over 20 yrs and got 5 yrs with it being looked at again after the 5. Did his ex ever remarried because usually alimony stops when u remarry. I agree, I may have that all looked over again. The insurance, I can't see where u can do anything about that. Even employer insurance goes down in cash out amt usually after 70. Ending up with hardly anything.

I would also wonder how this will effect u if you have to place ur husband. At that point you have an elder lawyer split your assets. His being spent down until the need for Medicaid. You remain in the home, have a car and enough of your monthly income to live on. Your assets should not go to supporting her especially if in ur name like an IRA or 401k.

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MeDolly Sep 2023
Hire an attorney and repetition the divorce agreement, if she is of retirement age and collects SS the courts are very much in favor of having the alimony reduced or stopped all together. Same goes for the insurance.

His situation has changed, so must his divorce degree.

How he would sign something like this is beyond me, but it can be altered.

Do it now, don't wait.
JoAnn29 Sep 2023
Because he wanted out of the marriage and did whatever needed to be done to do it.
olddude Sep 2023
Alimony for life? He should have gotten a competent attorney for his divorce.

AlvaDeer Sep 2023
Yes, as his POA you are responsible to pay judgements and bills he owes while he has fund for them. If he has none you would see an attorney and schedule a court hearing on the alimony. As to the term life, it will expire. As you say, that is two years down the line; worry about it them and see an attorney at that time. This would also be a simple visit to the court system with your papers and explanations.

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