Structured settlements in divorce are a tricky business. They require a high level of planning and significant forethought in order to be successful. At their best, structured settlements can provide a continuous source of income, address liquidity issues of the moneyed spouse, and provide financial security over time. At their worst, they can extend conflicts into the future with disastrous consequences for the spouse who is relying on the settlement in order to meet basic needs.
A structured settlement replaces one lump payment with smaller payouts over time it’s a concept frequently used in workers’ compensation or tort cases, but more often, these types of settlements are also being used in divorces. It sounds like a positive solution, but I cannot tell you how many times I have observed the many ways that structured settlements have failed because of a lack of penalties and controls built into the final agreement.
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