Alimony and Spousal Maintenance in Virginia
Norfolk VA Divorce and Alimony Lawyers – Family Law Attorneys
In the commonwealth of Virginia what many people refer to as alimony or spousal maintenance is legally termed “spousal support.” Spousal support is a payment made by one former partner to the other as a means of helping them meet their financial obligations. This is usually paid by the ex-husband to his former wife, and though it is legally possible for the man to seek spousal support, it is rarely requested in Virginia. Spousal support is usually called for when the woman involved in the marriage sacrificed ongoing career growth to spend time tending to the needs of the children, the home, and in support of the career of her husband while they were still married.
Spousal maintenance can be permanent, but it can also be temporary and paid for an interim period, perhaps while the partner receiving it is obtaining the training that it takes to get back into the workplace. Spousal maintenance payments can be made on a weekly, monthly, or annual schedule, or they can be paid in one lump sum. Some couples come to a mutually satisfying spousal maintenance agreement on their own, but when such a case goes before a judge, the matter is heard by the Circuit Court who uses Section 20-107.1 of the Virginia Code to render a decision.
A number of factors are considered when the court needs to make a spousal maintenance determination. The first thing that will be examined is the overall financial situation of both parties, and the court will then assess the couple’s general standard of living while they were married. The length of the marriage will be taken into consideration, as will the age and potential earning power of the partner seeking the spousal maintenance payment. An individual who is “at-fault” in a divorce (usually for adultery) is not entitled to spousal maintenance.
Spousal maintenance can help a former partner during the transition to single life, or provide an ongoing source of financial support if that is what is deemed appropriate given the circumstances. It is worthwhile to note that spousal support terms can be modified later under Virginia Code 20-109, but if the terms were agreed upon via a private contract that did not stipulate the possibility of future modification, this section may not be applicable.
When you are engaged in an alimony or spousal maintenance matter it is always advisable to retain the services of an experienced Norfolk VA divorce lawyer.
