In short term marriages, the court will try to "unwind" the marriage and put both parties in the financial position that they were in before the marriage. In long term marriages, the court will try to ensure that both parties can maintain a similar standard of living after the divorce for the rest of their lives.
Collecting back/late spousal support payments can be difficult and time consuming. A lump sum payment is often easier to manage and avoids the need for future court involvement. These lump sum payments usually comprize a lot of the negotiations in a divorce settlement.
Spousal support is not intended to allow either party to maintain the same standard of living that they enjoyed during the marriage. Instead, it is intended to allow both parties to maintain a reasonable standard of living after the divorce. The court will consider the financial needs and resources of both parties, as well as their earning capacity and ability to pay.
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