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Can Spousal Support Be Paid Retroactively?

Monday, March 09, 2020

When divorcing, those who ask for spousal support, or alimony, from their spouse with more earning potential, they tend to view it as a prospective affair. Thus, the checks won't start coming until after the divorce decree has been finalized and will only be paid starting after the divorce is final. This is true, in many respects. You won't get your initial check until the divorce is finalized, but that first check could be a bigger one if you ask for payments to be paid retroactively.

Many States Allow It

While there are laws in some states that prevent it, many states allow for spousal support to be paid retroactively. This is due to the length that a divorce case can have. It can take months or even years to wrap up a messy divorce case. Yet, even amicable divorces work on the schedule of the courts. As such, you can receive support payments after the decree is final for when you were sorting it all out.

The inevitable question is how retroactive are we talking about? Some state statutes vary on this as well. In some, it is retroactive to the date the divorce was filed. Others will only make it retroactive to when you asked that spousal support be paid. Obviously, if you leave spousal support negotiations until the end, you could be shooting yourself in the foot in terms of retroactive payment. However, your lawyer should be able to help you make the most out of retroactive spousal support payments so you get the money that you need.

Learn More About Retroactive Spousal Support 

If you are looking to get your divorce started, you will need the help of a skilled divorce lawyer. However, getting spousal support paid retroactively will always be a fight. If you are starting the divorce process and need help, contact us today to see what the Law Office of Jamra & Jamra can do for you.