Maintenance contributions: what if my ex-husband dies before me?
Maintenance contributions: what if my ex-husband dies before me?
"I'm nearly 78 and have been divorced for 5 years, after more than 40 years together. I currently receive an AVS pension of around CHF 2,000 and a pension of around CHF 1,700 from my ex-husband.
I wonder what will happen if he dies before me or if he goes into an old people's home before me?
Rosita, Geneva
Under the Civil Code, the obligation to pay maintenance after divorce lapses in two situations: if the creditor remarries or if the creditor or debtor dies.
If your former spouse predeceases you, you will no longer be entitled to this payment. The deceased's heirs are not obliged to continue paying maintenance.
However, under the Federal Law on Old-Age and Survivors' Insurance, a divorced person is treated in the same way as a widow if the marriage lasted at least ten years and the divorce took place after the divorced person reached the age of 45. If a person meets the conditions for both a widow's pension and an old-age pension, only the higher pension will be paid. You will therefore receive only the AVS pension, which may, by law, be increased by 20 %, but this amount must not exceed the maximum amount of the old-age pension.
Please note that you may be entitled to supplementary benefits. Under article 4 of the federal law on supplementary benefits for AHV and IV, people who have their domicile and habitual residence in Switzerland are entitled to supplementary benefits if they receive an AHV old-age pension or are entitled to an AHV widow's/widower's pension.
The law on supplementary cantonal benefits lays down additional economic conditions.
Due to lack of space, it is not possible to analyse these various conditions here, but you should find out more. You may be entitled to supplementary federal and/or cantonal benefits.
It should also be noted that if your situation or that of your ex-spouse changes significantly, for example when he or she moves into a retirement home, the judge may, on application, change the amount of the maintenance contribution.
