Spousal Support Remains An Important Part Of Many Virginia Divorces

It used to be standard practice for one spouse to pay alimony to the other following divorce. This was at a time when most households had only one “breadwinner,” while the other spouse took care of the home and raised children. Things have obviously changed, which is why spousal support is less common than in the past. Nonetheless, it remains an important tool to eliminate or reduce financial disparities between divorcing spouses.

At Walker Jones, PC, our attorneys understand the continued importance of spousal support. They also recognize that it can be the source of much resentment and conflict. The reassuring news is that whether you expect to be on the paying or receiving end of alimony, our lawyers work hard to ensure that the award accurately reflects financial realities and is fair and sustainable for both parties.

When And Why Is Spousal Support Awarded?

Virginia courts consider several factors to determine whether someone is eligible for spousal support and, if so, the amount to be paid. One that could disqualify someone from support is evidence that they committed adultery and were therefore responsible for the breakdown of the marriage. Assuming there are no disqualifying acts, courts will then examine other factors.

First, the court will look at the financial needs and resources of both you and your spouse. This includes your income, expenses and any property you own. They will also consider how long you were married. Longer marriages often result in higher spousal support payments.

Another key factor is the standard of living established during your marriage. The court aims to help both parties maintain a similar lifestyle to what they were accustomed to during the marriage. Your age and physical and mental health are also taken into account, as these can affect your ability to work and support yourself.

Additionally, the court will look at the contributions each of you made to the family, both financially and as a stay-at-home parent. If you left the workforce to care for the children or support your spouse’s career, for instance, that might prove to be influential to a judge.

Virginia courts strive to ensure that spousal support decisions are fair and just, taking into account the unique circumstances of your marriage. Whether you need spousal support or are being asked to pay, our attorneys will ensure that the court has the relevant information and context needed to make a fair ruling.

Alimony Types And Durations

A court may award spousal support while a divorce is pending, which is known as pendente lite alimony. It remains in effect until the completion of the divorce and helps to cover the basic expenses of the receiving spouse.

Upon the entry of a final order of divorce, courts can award spousal support for a set period of time or indefinitely. Limited-duration support, often called rehabilitative alimony, is intended to help the receiving spouse transition back into a single life and give them time to become financially self-sufficient. In cases where self-sufficiency doesn’t seem possible (due to age or poor health, for instance), a judge may award permanent alimony. This lasts an indefinite period of time, either until either spouse passes away or the receiving spouse remarries.

Enforcing And Seeking Modification Of Spousal Support Orders

Once spousal support is awarded by a court or agreed to by the parties, the spouse receiving support may need assistance enforcing their right to timely payment. As life changes, either the payor or payee spouse may be entitled to seek a modification if there has been a substantial change in circumstances or income. Our family law attorneys at Walker Jones, PC, have decades of experience handling every aspect of spousal support, including the initial award of support and enforcement or modification of an existing order.

Discuss Your Legal Options With One Of Our Experienced Attorneys

With offices in Warrenton and Washington, Walker Jones, PC, serves clients throughout Virginia. To schedule your initial consultation about alimony or any other divorce matter, call us at 540-595-3657 or reach out online.

Meet Our Virginia Family Law Attorneys

Amy E. Totten

Allison E. Coppage

Walker Jones, PC, serves clients throughout Virginia, including Fauquier, Rappahannock, Culpeper, Loudoun, Prince William, Fairfax, Arlington, Alexandria, Warren, Winchester, Frederick, Clarke, Stafford, Spotsylvania, Fredericksburg, Madison, Orange and Albemarle.