For women who have increasingly less alimony payments, a lump sum may be the best strategy

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I have previously written about new alimony reform measures being passed in state legislatures and their very concerning impact on women's divorce. Admittedly, there may be some aspects of alimony laws that require updating to reflect modern social realities. However, I believe that the current trend to reduce or even eliminate alimony as part of divorce settlements in some states is patently unfair to the majority of women who, having given up their peak earning years to take care of the home, do so simply do will never have the income they once could have earned had they not made this sacrifice.

For all their advocacy of modernization and justice, alimony reform advocates conveniently ignore the prevailing financial reality of many divorcing women (particularly those over 50). These women don't whine about not being able to maintain the luxurious lifestyle they enjoyed in marriage. They have difficulty finding employment that can meet their basic needs.

As a divorce financial advisor who works exclusively with women, I have long been convinced that a one-time upfront payment rather than regular alimony payments is the preferred option in the vast majority of cases, provided that 1) there are sufficient assets to support a payment, 2) the Recipient has responsible spending habits and has no lawsuits pending against her and 3) that she is receiving good financial advice on how to protect and invest this lump sum. The alimony reform legislation has absolutely reinforced this belief.

Here are some reasons why you should consider negotiating a lump sum upfront rather than regular alimony payments.

You don't have to worry about him not keeping up his end of the agreement.

It's an annoying and all-too-common scenario: In the end, a divorcing couple comes to an agreement that both parties sign, but… The ex-wife never receives the court-ordered spousal and/or child support payments. Or maybe her ex-husband makes a few payments or partial payments before the checks stop missing altogether.

Women have surprisingly little recourse in this situation (although in some cases a qualified domestic relations order can be helpful), and pursuing their debts can be terribly expensive.

A lump sum payment eliminates the significant risk – many family lawyers would even call it a probability – that your ex will not make the agreed upon payments.

Your ex-husband's financial situation could change drastically.

Even if your husband is so generous with the terms of your support agreement, there is a risk that his financial situation will unexpectedly deteriorate and he will no longer be able to make his payments to you. For example, he could lose his job or become unable to work.

A lump sum payment does not take this risk into account.

He could go to court and try to change your agreement.

Particularly in states like New Jersey that recently passed alimony reform laws, alimony-paying ex-husbands are flocking to the courts to have the terms of their agreements reviewed. They want their support obligations to be reduced or eliminated – and in some cases they are successful. Even if the new legislation does not apply retroactively, changes are permitted to reflect the spirit of the new laws.

In some states, if you start dating someone new, you risk losing spousal support, even if it appears that you are in a cohabiting relationship. Your photos and social media posts, as well as those of your friends and family, can all be brought into court as evidence if your ex sees an opportunity to reduce or reduce his payments.

In the case of a lump sum, he cannot demand any subsequent improvement. You'll get everything you're entitled to upfront and never have to deal with it with your ex again.

A lump sum crosses national borders.

Divorce laws vary greatly from state to state. If either of you moves to another state, repeated trips to court to resolve disputes can be a costly and time-consuming burden.

Of course, precautionary measures apply. A lump sum payment is not right for everyone. Once your payment is received, it's important to avoid the temptation to spend money with it – it's used to secure your financial future, not to fund celebratory purchases or travel after your divorce is final. Work with a knowledgeable, trusted financial advisor to develop a plan to make your payment last as long as possible. Remember, it's done: Just as he can't go back to court and demand money back from you, you can't come back and demand more from him. A lump sum payment up front requires careful and conscious financial management.

All in all, for a financially sensible divorcing woman whose husband has the means to effect the divorce, a lump sum payment will save her a world of trouble and worry and immediately grant her complete financial independence from her ex. In my experience, this is mutually beneficial.

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Jeff Landers is the author of Think Financially, Not Emotionally® Series of best-selling books on the financial aspects of divorce for women, including Divorce: Think Financially, Not Emotionally® – What Women Need to Know About Securing Their Financial Future Before, During, and After Divorce.

Blog posts are for informational purposes only and do not constitute legal advice.

Jeffrey A. Landers, CDFA™, is the creator of the Think Financially, Not Emotionally® brand of books, webinars, seminars, and e-learning courses that educate, empower, and empower women (and their advisors) before, during, and after divorce should support. His current Amazon bestsellers include Divorce: Think Financially, Not Emotionally – What Women Need to Know About Securing Their Financial Future Before, During, and After Divorce, Volumes I and II, and Divorce Financial Planner for Women, Volume I and A Woman's Guide to Financial Security After Divorce – The Basics: Creating a Solid Foundation. His books are available at ThinkFinancially.com. He is also the founder of Bedrock Divorce Advisors, LLC, a divorce financial advisory firm that works exclusively with women throughout the United States. Jeff writes “Divorce Dollars and Sense,” a weekly blog for Forbes.com about the financial aspects of women's divorce, and is a regular contributor to The Huffington Post, DailyWorth, More.com, Lawyers.com, and many other publications. He has also been interviewed extensively about the financial aspects of women's divorce by CBS and FOX Television News, as well as renowned publications such as the Wall Street Journal, Dow Jones, the Miami Herald, Smart Money, Consumer Reports, the Christian Science Monitor, and many others. Jeff earned his BA in Psychology from Columbia University and studied law at Pace University School of Law before becoming a divorce financial advisor. All articles/blog posts are for informational purposes only and do not constitute legal advice. If you require legal advice, please retain an attorney licensed to practice in your jurisdiction. The opinions expressed are solely those of the author, who is not an attorney. Landers@BedrockDivorce.comRead moreRead less

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