Practice Area
Spousal Support Attorney Virginia
How Spousal Support Works in Virginia
Spousal support is an amount of money paid by a higher earning spouse to a lower earning spouse in order to maintain him or her financially. Unlike child support, there isn’t a statewide set of guidelines for determining the amount of support in all spousal support cases, except in temporary spousal support cases brought in the juvenile and domestic relations district courts.
Since there isn’t a set of guidelines, Virginia law requires courts to consider a list of factors, when determining the amount and duration of spousal support.
How do courts determine spousal support?
A few of the many factors that go into a spousal support determination include:
- Age of The Parties
- Length of Marriage
- The Present and Future Earning Capacity of Each Party, (including Their Education, Skills and Work Experience)
- The Standard of Living Established During the Marriage
- The Supporting Party’s Ability to Pay
- The Parties’ Respective Contributions to The Marriage
- Financial Assets of Each Party
- The Needs of Each Party (including the Minor Children)
- Decisions Made with Regards to Rearing the Children that Affected Careers
- The Tax Consequences to Both
Types of Spousal Support in Virginia
The Juvenile and Domestic Relations District Court can order support for any married individual that has separated from his or her spouse, whether or not a divorce has been filed (as long as the parties are not divorced and a Circuit Court has not entered support orders).
Temporary Spousal Support
Temporary spousal support, sometimes known as pendente lite support (meaning “pending the litigation”), is available once a divorce is filed, but not finalized.
In certain circumstances, spousal support can continue for a specific period of time after the divorce is finalized to provide the spouse with lower relative income with sufficient financial support while he or she transitions to life as a single, self-supporting individual. This arrangement allows time for a successful job search, completion of certain educational goals or some other known course of action.
For some, support will be needed for an indefinite period after the divorce until circumstances change to warrant a modification.
There are two kinds of support that can be awarded in a final divorce decree- permanent and rehabilitative.
1. Permanent Spousal Support
Permanent spousal support is generally reserved for long-term married couples who have spent most of their adult lives together, where one spouse made significant career sacrifices for the other. This support is designed to maintain both parties as close to as possible, the standard of living that was established during the marriage.
Certain events can cause permanent spousal support to end such as:
- Significant change in financial circumstances
- Death of the spouse paying alimony
- Death of the spouse receiving alimony
- Remarriage of the spouse receiving alimony
- Long-term cohabitation with someone in a relationship like a marriage (romantically involved, not that you have a roommate) for a year or more.
2. Rehabilitative support
Rehabilitative support is designed to get a party back on his or her own two feet after a divorce. Rehabilitative support is awarded to the dependent spouse for a specific duration of time, usually to receive additional training to reenter the workforce, find another job, or relocate. For example, once someone completes an RN license, or a bachelor’s degree they are going to go back to school for, rehabilitative support would end.
In contested spousal support cases, we may use a vocational expert to assess the other party’s earning capacity. If they are underearning, the Court will generally treat them as if they were earning what they are capable of earning, not what they are actually earning. We may also use a financial professional to make projections as to the needs of a party.
Frequently Asked Questions About Uncontested Divorce
What is spousal support in Virginia?
Spousal support, also known as alimony, is a financial payment made by one spouse to the other after separation or divorce. It is intended to help the lower-earning spouse maintain financial stability and, in some cases, transition to self-sufficiency.
How is spousal support determined in Virginia?
Virginia courts consider several factors when determining spousal support, including the length of the marriage, the age and health of both parties, the earning capacity and education of each spouse, the standard of living during the marriage, and the financial needs and resources of each party.
What are the types of spousal support in Virginia?
There are three main types of spousal support:
- Temporary (Pendente Lite) Support: Awarded during the divorce process but before it is finalized.
- Rehabilitative Support: Provided for a set period to help the recipient become self-sufficient.
- Permanent Support: Awarded in long-term marriages where one spouse may not achieve financial independence.
How long does spousal support last in Virginia?
The duration depends on the type of support:
- Temporary support ends when the divorce is finalized.
- Rehabilitative support lasts for a specific period, such as until the recipient completes education or training.
- Permanent support continues indefinitely but may end if the recipient remarries, cohabitates, or if either party passes away
Can spousal support be modified in Virginia?
Yes, spousal support can be modified if there is a significant change in circumstances, such as a change in income, employment, or financial needs. Court approval is required for modifications.
What happens if my spouse refuses to pay spousal support?
If your spouse fails to pay court-ordered spousal support, you can file a motion for enforcement. The court may impose penalties such as wage garnishment, fines, or even jail time.
Does spousal support end if the recipient remarries or cohabitates?
Yes, spousal support typically ends if the recipient remarries. It may also terminate if the recipient cohabitates with a romantic partner for more than one year.
Is spousal support taxable in Virginia?
Under current federal tax laws, spousal support payments are not tax-deductible for the payer, nor are they considered taxable income for the recipient (for divorces finalized after December 31, 2018).
What factors can lead to the termination of permanent spousal support?
Permanent spousal support may be terminated due to the death of either spouse, the remarriage of the recipient, long-term cohabitation of the recipient with a romantic partner, or a significant change in financial circumstances.
How does the length of the marriage affect spousal support?
The length of the marriage is a key factor in determining spousal support. Longer marriages are more likely to result in permanent or long-term support, while shorter marriages may lead to rehabilitative or no support at all.
Do I need an attorney for spousal support cases in Virginia?
While it is not mandatory, hiring an experienced spousal support attorney is highly recommended. An attorney can help you navigate the complexities of spousal support laws, ensure your rights are protected, and advocate for a fair outcome.
The Right Advocate At The Right Time
20
+
Awards & Honors Received
600
+
Cases Handled
1500
+
People Helped