Ellenton, FL asked in Divorce for Florida

Q: Can I receive advance payment of a divorce settlement prior to final judgment?

My soon to be ex-wife and I have agreed to a settlement payment but are awaiting final judgment from the Florida court. Is it possible (or unreasonable) to receive said settlement payment prior to the final judgment? And if so, what would be sufficient evidence of that advance payment to satisfy the legal requirements in the judgment (affidavit?)

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: As long as the two of you are in agreement the payment can be exchanged anytime. Keep proof like any other payment (copy of a check, bank computer entry, etc.) I am assuming that the final judgment that you are waiting for says that the payment is a specific amount. Have the receiver sign something confirming receipt of the payment. As always, I recommend that you speak with a local family lawyer for more specific advice.

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