I practiced family law for many years. Now in an estate litigation practice I have a primary focus on the property and support rights and obligations of spouses and former spouses on death and in particular dependent’s support claims.
As a family law practitioner the treatment of spousal and child support obligations on death is always a concern. The standard practice is to include a clause requiring that the support payor designate the recipient as an irrevocable beneficiary of a life insurance policy in an agreed upon amount in the separation agreement or final court order. In addition, a clause confirming that the support obligation binds the estate of the support payor and is a first charge on the estate is recommended.