Difference between revisions of "Basic Principles of Spousal Support"

===Final orders and agreements: lump sum payments===

A ''lump sum'' order or agreement for spousal support requires the payor to make a large, one-time-only payment of spousal support. This kind of spousal support payment is fairly rare, partly because the payment of a lump sum of spousal support is often difficult to distinguish from the division of property, partly because a lump sum payment may not adequately address the need the payment of spousal support is meant to address, and partly because few payors can afford to make a lump sum payment.

Whether the court is dealing with an application for lump sum spousal support rather than the more usual periodic-payment support obligation, the court will usually be concerned that the payment of spousal support isn't going to act as a substitute for the division of family property. The court will also be concerned that a lump sum payment may not actually help the recipient become financially independent.

Payors are sometimes interested in lump sum spousal support payments for the reason that the single payment will allow them to wash their hair of the other party and have done with it immediately, rather than having to deal with the other party on an ongoing basis. Recipients are usually interested in lump sum spousal support payments where the cash is needed to make a down payment or some other payment that will contribute to their future security.

Lump sum awards are available on interim applications, but such awards are unusual. A lump sum payment may be ordered if it is clear that: the payment will provide immediate relief for the recipient; ongoing monthly payments will not be necessary; and, the payor has the ability to make the payment.