Unfortunately, the original Carr case did not make clear what amount is to be used to fund the constructive trust remedy. On remand the trial court held that amount awarded is not limited to either right of election or equitable distribution. It is possible that a bequest under a will to the spouse for an amount equal to the elective share will defeat a claim for a greater amount in a constructive trust. The minimum amount likely to be awarded in equitable distribution should be considered. The elective share can also be satisfied in the form of a lifetime trust.
Orders relating to life insurance and retirement plans are common.
It may not be advisable to raise the issue of wills, as this matter may not have occurred to the opposing counsel. Death usually terminates alimony. The statute specifically allows the Court to order life insurance to be provided. If the payor is uninsurable, the Court may order the creation of a trust fund. Educational support obligations also continue.