Family Law: Suicide Doesn’t End Your Obligations Under a Divorce Agreement

suicide and divorce agreement

An ex-spouse may have any number of financial obligations to his or her former spouse or children. These obligations continue even after death, as long as the deceased’s estate has money that may pay them. In May the New Jersey Supreme Court upheld a claim by the ex-wife of the deceased against his estate due to obligations agreed to in their settlement agreement.

In the case of Woylas v. Greenwood Tree Experts, Inc., Christina Woylas brought claims against her former husband Timothy’s estate after his suicide. They entered into a marital settlement agreement before their divorce. It required Timothy to pay alimony and child support for twelve years, secured by life insurance in case he died prematurely. Two years later, Timothy killed himself. His policy contained a suicide exclusion clause, so the life insurance company disclaimed benefits.

Christina sued Timothy’s estate because Timothy breached their agreement. The trial and appellate courts agreed with her and the administratrix of his estate. The estate asked the New Jersey Supreme Court to overturn the decision, but the Justices affirmed, holding that Timothy’s obligations under the agreement were greater than the value of his estate, so all the proceeds of the estate had to be turned over to Christina.

Though we don’t know what lead to Timothy’s suicide, the fact it happened shouldn’t come as a surprise:

  • The National Institute for Healthcare Research has found those who have been divorced are three times more likely to commit suicide than others.
  • Divorced men are four times more likely to commit suicide than divorced women.
  • Divorce is the top factor linked with suicide rates in major U.S. cities.
  • The World Health Organization found divorce was the only consistent factor for suicides in 13 European countries.

Divorced men have high rates of destructive behavior short of suicide, too, according to an article in Fatherly. They:

  • Drink and smoke more often
  • Engage in riskier sex practices, and
  • Are more likely to avoid doctor visits, hence they die of preventable and treatable diseases.

Perhaps because they feel isolated, divorced fathers often stop caring about their personal health, eat fewer fruits and vegetables, and are less cautious when driving cars. They visit physicians less often and are less likely to take prescribed medications. Fathers going through divorce should avoid isolating behaviors and instead surround themselves with supportive friends and family and see their children as often as possible.

Divorce creates many challenges for families, especially when children are involved. It can lead to severe stress, anxiety, and depression. If you are thinking about getting a divorce, or undergoing one, and feel your emotions are out of control, you should seek immediate therapeutic help. If you are thinking about ending your life, the National Suicide Prevention Lifeline can be reached at 1-800-273-8255. It’s available 24/7 and provides free and confidential support for people in distress. You can and should dial 911 before taking any action that threatens your life, safety, or well-being.

If you are divorcing or have questions about divorce, call the family law specialists at Kingston Law Group.  We will listen to your facts, explain the law, and suggest approaches that are just right and reasonable for you.  We are compassionate counsel who understand what our clients and their families are going through, as well as tough advocates when called for.  Call us at 609-683-7400, or contact us online, to make a near-term initial consultation at a reduced rate.  We are conveniently located in Central Jersey’s Kingston community. Call today.  You will be glad you did.