Prior Spousal Support Payments

The Prior Support Payments provision addresses whether any previous spousal support payments made before the agreement are to be considered and credited in the final support arrangement. This provision clarifies if prior payments are acknowledged as part of the overall spousal support obligations.

Options:

1. No (Default):

   • Definition: Selecting No means that any spousal support payments made before the formal agreement will not be considered or credited toward the ongoing support obligations outlined in the agreement. The formal support arrangement starts from the date of the agreement, and prior payments are disregarded.

   • When to Use: This option is typically used when the parties agree that prior informal or temporary payments should not reduce or impact the spousal support obligations set out in the formal agreement. It is also appropriate when there have been no prior payments or when previous payments were not intended to be part of the long-term support arrangement.

   • Example: If the payor provided financial support during the separation period but those payments were not formalized in an agreement, they will not be credited or deducted from the new spousal support obligations.

   • Benefits: Provides clarity by ensuring that the spousal support obligations begin with the formal agreement, without any confusion or credit for past payments that were not part of a legally binding arrangement.

2. Yes:

   • Definition: Selecting Yes means that any prior spousal support payments made before the formal agreement will be credited toward the overall support obligations. These prior payments may reduce the amount owed going forward or be considered as part of the total support provided.

   • When to Use: This option should be chosen when the parties agree that any informal or temporary spousal support payments made before the final agreement should be taken into account. It is often used when the payor has been providing consistent support during the separation period and both parties agree that those payments should be recognized in the final settlement.

   • Example: If the payor provided $5,000 in support during the separation, this amount may be credited toward the final spousal support obligations, either by reducing future payments or being acknowledged as part of the total support.

   • Benefits: Provides fairness to the payor by acknowledging any prior financial support given before the formal agreement. It ensures that previous contributions are not overlooked and can reduce the financial burden of ongoing support payments.

When to Choose Each Option:

• When to Choose No (Default):

  • There were no prior support payments made before the formal agreement, or both parties agree that prior informal or temporary payments should not be credited toward the final support arrangement.
  • The formal support obligations are intended to start fresh from the date of the agreement, without reference to any previous financial contributions.

• When to Choose Yes:

  • The payor has made informal or temporary spousal support payments before the formal agreement, and both parties agree that these payments should be credited toward the overall support obligations.
  • Prior payments were intended as part of the long-term support arrangement, and it would be fair to account for them in the final agreement.

Why This Matters:

The Prior Support Payments provision ensures clarity and fairness regarding how previous financial contributions are handled in the formal spousal support arrangement. Selecting Yes provides recognition and credit for prior payments, while selecting No starts the formal support obligations fresh from the date of the agreement. The default option of No is typically used when prior payments are not relevant or intended to impact the final arrangement.