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I am almost done with my divorce..only a few outstanding minor

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I am almost done with my divorce..only a few outstanding minor items remaining. We will be signing next week. I'm ok with the spousal support amount (not disputed). Her attorney wants me to start spousal support this month - in other words make a payment today for June. Since we haven't signed anything, should I do this? Would I weaken my legal standing in finishing the remaining items if I pay?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawHelpNow replied 5 years ago.
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QUESTIONS: "Since we haven't signed anything, should I do this? Would I weaken my legal standing in finishing the remaining items if I pay?"

ANSWER: It is your call, of course, but I certainly would not do so. Here is why. In the first place, it is only fair that you each be expected to uphold your respective ends of the agreement only once each party signs thereto. Otherwise, it would be expecting you to simply "trust", without the support of the written and signed document, which is not proper. Also, while it is certainly understandable and perhaps even commendable that her attorney would suggest this, you should look at this from the vantage point of best protecting your interests. I realize all looks well and undisputed, but suppose that somehow, after making out the check and your spouse cashing it, negotiations break down. What then? It could at least potentially be a pain to try and get back money already sent. As to the second part of your question, it will do nothing good for your negotiation stance to pay as requested. In fact, as you mentioned, it could at theoretically do some harm. So, were I in your shoes, I would just wait and start honoring your obligations once they take force but not a minute before, which in the end analysis is fair to both of you.

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