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Types of Spousal Support Payments

Understand the different types of Spousal Support payment options.

Updated over 2 months ago

Spousal Support Payment Methods: Periodic vs Lump Sum


Understanding your payment options

When it comes to Spousal Support, there are several payment methods available to separating couples. Spousal Support can be paid through periodic payments, which are typically monthly instalments, or as a lump sum payment. Additionally, couples can agree to a hybrid approach where a portion is paid as a lump sum combined with smaller ongoing payments.

Periodic payments: The most common choice

How periodic payments work

Periodic payments are generally structured as monthly payments, though they can be arranged over different time periods. This payment method is the most common choice because it's typically more affordable for the paying spouse, as many people don't have the immediate cash available to fulfill these obligations through lump sum payments.

Tax implications of periodic payments

An important consideration is that periodic payments are taxable to the recipient and tax-deductible to the payer. In Spousal Support calculations, you'll encounter something called the "after-tax value of support," which is the amount paid or received net of taxes.

The difference between the Spousal Support amount and the after-tax value helps both parties understand their tax obligations. For the payer, it indicates how much they're likely to receive back from the government in tax savings. For the recipient, it shows how much money should be set aside for tax payments.

Review and variation requirements

Periodic payments are often subject to review and variation, particularly in cases involving compensatory awards or a long-term relationship. This may require ongoing responsibility to share income information and discuss continued financial need.

Your specific calculation will indicate whether the Spousal Support payable in your circumstance is subject to review and variation.

When to choose periodic payments

Advantages of periodic payments

So, when do you choose a periodic payment versus a lump sum? Periodic payments are ideal when:

  • The payer cannot afford a lump sum payment.

  • You expect changes over time and want flexibility to adjust payment amounts.

  • You value accuracy and want the ability to conduct accurate reviews and vary the amount based on how much each party is earning.

  • You want to reflect any changes in circumstances that may occur over the years.

Potential drawbacks

However, periodic payments maintain a continued financial tie with their former spouse. If you're seeking a clean break, monthly payments might create resentment for the payer who writes checks each month. Recipients may experience feelings of dependence and reduced financial independence.

Since both parties remain impacted by each other's financial decisions, and that in itself sets the stage for possible conflict as parties question each other's decisions. So if you think that that could be a dynamic at play, sometimes people choose a lump sum award as opposed to a periodic pay.

Lump sum payments and their benefits

How Lump Sum Calculations Work

A lump sum Spousal Support amount takes the after-tax value of what would be periodic payments and multiplies it by the number of months it would typically be payable. Support calculators are available to help determine these amounts. Importantly, lump sums are almost always final – once paid, there's very little chance they would be subject to review or variation.

The finality is often a major draw for some people who don't want to have continued ties.

Benefits of lump sum payments

People often prefer lump sum Spousal Support because it provides:

  • Finality and certainty through a one-time payment.

  • No further financial contact between former spouses.

  • Elimination of financial dependence.

  • Reduced conflict as each person can make independent financial choices.

Note that if you have children, you'll still need to handle Child Support reviews and adjustments, so a completely clean break may not be possible.

Strategic uses for lump sum payments

Asset balancing and property settlements

Lump sum payments are particularly popular when balancing against assets to minimize buyout situations. For example, if one spouse wants to keep the family home and owes the other a significant buyout, a lump sum spousal support arrangement can offset part of that property payment to buy the other person out of the house.

Protection against payment issues

A lump sum can be beneficial if you're concerned about your your spouse's ability or willingness to make ongoing payments or continued provision of the required financial disclosure.

Investment and future earnings strategy

For both payers and recipients who believe they can increase their earning capacity over time, a lump sum arrangement allows for upfront payment followed by personal investment and growth, with future increased income not being shared as part of Spousal Support.

Potential disadvantages of lump sum payments

Financial security concerns

Some drawbacks of lump sum payments include:

  • The payer may not have sufficient funds remaining to secure adequate housing.

  • There are concerns about irresponsible spending by the recipient.

  • There is potential for the amount to be inadequate or excessive due to future changes in circumstances.

The Crystal ball problem

Determining lump sum values requires predicting future circumstances, which can be challenging. The amount may not accurately reflect changes that occur over time, potentially leaving one party feeling the arrangement was unfair.

So if you value accuracy and fairness over time, then a lump sum might leave you feeling regretful. You might feel like, "Oh, I paid too much." Or as a recipient, you might be like, "Oh my gosh, I got way less than I should have. Look at how my spouse is doing now." You also don't get a tax deduction when you pay a lump sum.

Tax considerations

Unlike periodic payments, lump sum payments don't provide a tax deduction for the payer. But it is important to know that the amount that you pay is discounted in consideration of tax.

Making the right choice for your situation

The decision between periodic and lump sum payments ultimately comes down to balancing accuracy over time against predictability and finality. Consider your personal values, financial situation, and relationship dynamics when making this important decision. Consult with your lawyer about the most appropriate payment method for your specific circumstances.


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Important Disclaimer

Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.


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