The Prior Payments Since Date provision outlines whether spousal support payments made after a specific date, but before the formal agreement, will be credited toward the overall spousal support obligations. This provision ensures clarity regarding the start date from which prior payments are recognized in the agreement.

Definition:

• Prior Payments Since Date refers to spousal support payments that were made after a specified date during the separation period but before the finalization of the spousal support agreement. These payments may be credited toward the final support obligations.

When to Use:

• This provision is useful when spousal support payments were made informally or temporarily during the separation period and both parties agree that those payments should be considered in the formal support arrangement.
• It helps establish a clear date from which prior payments will be acknowledged and ensures that both parties have a shared understanding of how these payments will affect future obligations.

Example:

• If the parties agree that spousal support payments made since January 1, 2023 should be credited toward the total support obligation, any payments made after this date will be subtracted from the future spousal support obligations. For instance, if the payor has already provided $5,000 in support since that date, this amount will be recognized in the agreement.

Benefits:

• Clarity: Establishes a specific date from which prior payments are credited, preventing disputes about which payments should be counted in the formal spousal support arrangement.
• Fairness: Ensures that previous financial contributions made by the payor are acknowledged and credited, reducing the burden of future payments.
• Transparency: Provides a clear record of prior payments, making it easier for both parties to understand their financial obligations going forward.

How It Works:

1. Specify the Date: The agreement must clearly state the date from which prior spousal support payments will be credited.

   • Example: "Any spousal support payments made since January 1, 2023 will be credited toward the total spousal support obligation outlined in this agreement."

2. Account for Prior Payments: The amount of support paid since the specified date will be calculated and subtracted from the future obligations, ensuring that the payor is not double-paying for any support already provided.

3. Documentation: Both parties should keep records of prior payments to ensure that the correct amounts are credited toward the future obligations. This could include bank statements, payment receipts, or other documentation showing when and how much support was paid.

Why This Matters:

The Prior Payments Since Date provision helps clarify how previous spousal support payments made during the separation period are handled in the formal agreement. By establishing a specific date, it ensures that past payments are fairly acknowledged and credited, providing transparency and preventing future disputes.