Pre-paying spousal support


#1

My soon-to-be-ex wife and I are past the 366 day waiting period and our divorce is being processed. In the separation agreement, I am responsible for spousal support for another 2 years and 10 months. At the rate she is spending money (she buys things I would never think about) it’s not impossible that something will come along, like things always do, that she literally will not have the money for (home repairs, car repairs, whatever). While I do think it would just be enabling her to continue this reckless spending if I “bail her out”, I can’t let my kids do without, because she is stupid about money.

Assuming I do “bail her out” with additional money over and above the required spousal support monthly payment, could I count that as going towards a future months payments (ie give her $3000 and call it spousal support payments for Dec, Jan and Feb) and so end the required support 3 months early? or would it be considered a gift? I know anything I give her will never be paid back, even if I called it a loan.


#2

No, if you chose to bail her out, that money will not count as an advance on support and will not lessen your obligation.


#3

Just put that money in an accessible separate interest bearing account so you can get to it ,but can use if only if you need to…then if you don’t have to bail her out, it’s yours to keep…