An Alternative To Regular Spousal Support Payments

One factor, among others, often considered when the issue of spousal support comes up is the ability of the spouse to pay it. It's no use for a judge to order one spouse to pay a certain sum if they are not financially capable of doing so. Spousal support is based on a number of factors, and the financial situation of both parties is taken into consideration before a sum is settled on. Read on to find out how the ordered payment may be slightly different in some circumstances.

Regular Payments 

The most common way to fulfill spousal support orders is with regular payments. These may be paid weekly, biweekly, or monthly. In many cases, spousal support is not permanent. Only in cases where the receiving spouse is older, in bad health, or incapacitated in some way are support payments ordered to cover the lifetime of the providing spouse. It's interesting, also, to note that some spouses make provisions in their estate plans to continue paying the ex-spouse after they pass away. Rehabilitative spousal support is far more usual and may last until the needing spouse has obtained education, job training, or adequate income from a job.

Lump-Sum Payments 

Not everyone is able to provide their ex with a lump-sum payment in lieu of traditional regular payments. The advantage to the providing spouse is that the total amount paid can be less with a lump-sum payment. The advantage to the receiving spouse is that they have immediate access to money to use to buy a vehicle or home. Another variation on the lump-sum payment is using property rather than cash to make the payment. For example, a spouse might provide the ex with a vacation home or rental property instead of making a lump-sum payment or making regular payments. This may be of benefit to both spouses depending on what is provided and its value. Here is what else to consider about lump-sum spousal support payments:

  • Taking cash or property now could insure against a loss later. If your ex should lose their job or become too ill to work, you already have some financial security.
  • You have ready cash rather than having to slowly save up to pay a large bill or make a down payment on a home.
  • You never need deal with your ex again (unless you want to).
  • You don't have to worry about losing your spousal support if you remarry.

To help you understand more about both ways of being paid spousal support, speak to your an attorney that practices family law.

About Me

Fascinating Legal Problems

There’s a reason why there are so many legal procedural shows on television these days. The law can be an intriguing thing. Going to court isn’t usually something that you look forward to, but having the court system available is definitely a positive thing. You never know when you may need to use it for one reason or another. I’ve found, as a legal professor, that taking a look at interesting cases in different areas of the law is the best way to help my students understand their subject. I’m hoping this blog will give you an idea of how the court system can work for you by giving you at glimpse at some fascinating cases and the laws behind them.