Spousal support in Virginia is one of the most unpredictable divorce issues that our attorneys handle at Law Offices of SRIS P.C. Spousal support can be determined by one of two ways – via a property settlement agreement or a judge can determine the amount of spousal support to be paid if any, if a case goes to trial. Whether you are asking for spousal support or defending against a request for spousal support in Virginia, you need an experienced divorce lawyer to help you.
Temporary spousal support also is known as pendente lite support in Virginia, is paid when appropriate until a complete agreement is reached or until a Final Order of Divorce is entered. If matrimonial support is set by an agreement of the parties in a Property Settlement Agreement, unless there is a provision allowing for later modification, the amount of matrimonial support can never be modified. If a judge sets a matrimonial support award, either side may later appeal for an increase/decrease upon a showing of substantially changed circumstances.
In some cases, a spouse’s requirement to provide support for another may continue after the marriage has ended. Spousal support, also known as alimony or maintenance, is not to be confused with child support or the division of assets.
When a single income couple is facing a divorce in Virginia, especially after a lengthy marriage, the nonworking spouse may ask for permanent spousal support. Permanent support may also be awarded in situations where both parties are employed outside the home, but have significant differences in their incomes.
There are two types of spousal support in Virginia: Rehabilitative and permanent support.
Rehabilitative support: Rehabilitative alimony is the financial support that is provided for a short period of time to allow the receiving spouse time to get adjusted financially. A reservation of the right to support is presumed under the bill to continue for a period-of-time equal to half the duration of the marriage. This type of alimony will allow the divorced spouse time to rehabilitate him or herself and become completely self-supporting.
Permanent support: Permanent spousal support is not usually “permanent,” although it can be in cases of very long marriages where the respective financial circumstances of the parties justify it. The spouses can agree on an appropriate amount, or the court can make that determination based on the spouses’ incomes. Lawyers and judges also refer to it as “post judgment spousal support,” “alimony,” “judgment spousal support,” or “long-term support.”
Virginia has laws for determining whether alimony or spousal support or maintenance will be paid. That being said, you should also take into consideration the fact that judges have the right to use judicial discretion when decided such issues.
The factors taken into consideration by the court when deciding whether to award matrimonial support and the amount of such award includes:
- The earning capacity, obligations, needs, and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans of whatever nature
- The education and training of the parties and the ability and opportunity of the parties to secure such education and training
- The standard of living established during the marriage
- The duration of the marriage
- The age, physical and mental condition of the parties
- The contributions, monetary and nonmonetary, of each party to the well-being of the family
- The property interest of the parties, both real and personal, tangible and intangible
- The provisions made with regard to the marital property
If you need the help of spousal support lawyer in Virginia for your divorce case in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you with to obtain the best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. spousal support attorney in Virginia for your divorce case, call us at 855-696-3348. B
