The Amount of Prior Paid Spousal Support provision addresses whether any specific amount of spousal support previously paid before the formal agreement will be credited or acknowledged in the ongoing support arrangement. This provision clarifies if past payments are considered part of the overall support obligations.

Options:

1. No (Default):

   • Definition: Selecting No means that any spousal support payments made before the formal agreement will not be included or credited toward the future support obligations outlined in the agreement. The formal spousal support will begin fresh from the date of the agreement, and previous payments are not factored into the calculation.

   • When to Use: This option is typically chosen when the parties agree that prior support payments were informal or temporary and should not reduce or impact the new support obligations. It is appropriate when prior payments were not intended to be part of the long-term financial arrangement.

   • Example: If the payor provided informal support during the separation, but those payments were not part of a legal agreement, they will not be included in the calculation of future spousal support.

   • Benefits: Provides a clear starting point for formal spousal support, ensuring that previous payments are not retroactively credited or deducted, and the new agreement is based on current financial needs and circumstances.

2. Yes:

   • Definition: Selecting Yes means that the specific amount of spousal support paid before the formal agreement will be credited toward the overall support obligations. These prior payments may reduce future obligations or be factored into the total amount of support provided.

   • When to Use: This option should be chosen when both parties agree that prior payments were made consistently and should be credited as part of the spousal support arrangement. It is particularly relevant when the payor has been providing significant financial assistance before the formalization of the agreement.

   • Example: If the payor provided $10,000 in support during the separation period, this amount may be deducted from the future support obligations or acknowledged as part of the total spousal support.

   • Benefits: Ensures fairness by acknowledging previous financial contributions made by the payor, reducing the future financial burden, and ensuring that past support is not overlooked.

When to Choose Each Option:

• When to Choose No (Default):

  • There were no prior spousal support payments made, or both parties agree that previous payments were not intended to be part of the formal agreement.
  • The formal spousal support is meant to start fresh from the agreement date, with no retroactive consideration of prior payments.

• When to Choose Yes:

  • The payor has made prior spousal support payments before the formal agreement, and both parties agree that those payments should be credited toward the final arrangement.
  • Prior support payments were significant, and it would be fair to deduct or acknowledge them in the formal support calculation.

Why This Matters:

The Amount of Prior Paid Spousal Support provision ensures that any previous financial contributions are handled fairly in the final spousal support arrangement. Selecting Yes provides credit for prior payments, while selecting No starts the formal support fresh without considering previous contributions. The default option of No is typically used when past payments are not part of the formal agreement.