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Run The Present Value
Compare the one time payment against what the stream of monthly support would be worth over time.
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Spousal Support / Lump Sum Awards
Spousal Support · Virginia
One payment, and a clean break.
Sometimes the better deal is not a monthly check for years. It is a single payment that closes the book. Here is how a lump sum spousal support award works in Virginia, when it makes sense, and the tradeoffs to weigh before you agree to one.
First call is a conversation, not a commitment. · By Alisa Chunephisal, Esq.
The Short Answer
Here is the answer: a lump sum spousal support award is a one-time payment instead of, or in addition to, monthly support. Virginia courts can order support as periodic payments, a lump sum, or both, under Va. Code section 20-107.1. A lump sum is often used in shorter marriages, or when a clean break makes more sense than years of ongoing financial ties.
What It Is
Support that ends the day it is paid.
A lump sum award resolves spousal support with a single, fixed payment rather than a stream of monthly checks. It can be cash, or it can be built into the property division, for example one spouse keeping a larger share of an account in exchange for giving up monthly support. Virginia law gives the court room to award periodic support, a lump sum, or a combination of the two.
When a lump sum makes sense.
A lump sum tends to fit when both people want a clean break, when the marriage was shorter, or when there is real doubt that monthly payments would actually arrive on time for years. For the person receiving it, a lump sum removes the risk of chasing a payor who stops paying. For the person paying it, it can close out an obligation in one move and remove the other spouse from their financial life.
The tradeoff: finality.
The same finality that makes a lump sum attractive is also its risk. Once a lump sum is paid, it generally cannot be changed. If your circumstances improve or worsen later, there is usually no going back to court to adjust it the way you might with monthly support. Tax treatment matters too: for awards on or after January 1, 2019, spousal support is neither taxable to the person who receives it nor deductible by the person who pays it.
One paymentSupport resolved in a single fixed sum instead of a stream of monthly checks.
Cash or structureCan be paid in cash or built into the property division by agreement.
Generally finalOnce paid, a lump sum usually cannot be modified, whatever happens later.
Tax treatmentAwards on or after January 1, 2019 are not taxable to the recipient and not deductible by the payor.
The Forms An Award Can Take
Virginia Code § 20-107.1 permits the court to award spousal support as periodic payments, a lump sum, or both. The right form depends on collectibility, finality, and what each household actually needs.
Source: Virginia Code § 20-107.1
Alisa Chunephisal, Esq.Family Law Attorney
Attorney Insight
A few honest words from Alisa.
"Sometimes the kindest thing the law can offer is a clean ending. If a lump sum is right for you, I will make sure you walk away whole. And if it is not right for you, I will tell you that too."
Finality cuts both ways, so be sure before you sign, because a paid lump sum is usually a closed door. I like lump sums when collection is a real worry or when two people genuinely need to be done with each other. But I slow clients down before they agree to one. A monthly award can be modified if life changes in a big way; a lump sum, once paid, normally cannot. Run the numbers on what the stream of payments would be worth over time, weigh the certainty against the lost flexibility, and make the call with clear eyes.
Questions Clients Ask
Plain answers about lump sum support.
These are the questions we hear most about this part of spousal support. If yours is not here, we are glad to answer it on a first call.
Have a specific question?
Call 571.260.0999 or send us a message.
What is a lump sum award?
It is spousal support paid as a single, fixed amount rather than monthly. Virginia courts can order support as periodic payments, a lump sum, or both, under Va. Code section 20-107.1. It can be cash or built into how property is divided.
When is a lump sum used?
Often in shorter marriages, when both spouses want a clean break, or when there is real doubt that monthly payments would arrive reliably. It removes the need to collect support over time.
Can a lump sum be modified later?
Generally no. Once a lump sum is paid, it usually cannot be changed, even if circumstances shift. That finality is the main tradeoff against the certainty it provides.
How is a lump sum taxed?
For awards on or after January 1, 2019, spousal support is not taxable to the recipient and not deductible by the payor. The after-tax value depends on which side of that date the award falls.
When You Are Ready
Weighing a lump sum against monthly support?
Tell us about your marriage and your numbers, and we will help you compare a clean one-time award against ongoing payments, and protect the choice you make. Three offices across Northern Virginia, one phone number.