Can I Get Spousal Support in My Virginia Divorce?
Divorce can bring about significant changes in a person’s financial situation, especially when one spouse has been financially dependent on the other during the marriage. In Virginia, spousal support, also known as alimony, may be awarded to a financially disadvantaged spouse to provide them with suitable financial support after the divorce. If you are considering a divorce and are concerned about your financial well-being, understanding the factors and laws surrounding spousal support in Virginia is crucial.
Understanding Spousal Support in Virginia
Spousal support is a legal obligation that aims to provide financial support to a former spouse, ensuring that they can maintain a reasonable standard of living following a divorce. It is important to note that spousal support is not automatically awarded in every divorce case.
The court will consider various factors before deciding whether spousal support is appropriate and, if so, the amount and duration of the payments. When determining spousal support, Virginia courts consider a range of factors to ensure a fair and equitable outcome. Some factors include:
- The income and financial resources of each party
- The duration of the marriage
- The age and physical and mental condition of each party
- The standard of living established during the marriage
- The contributions, monetary and non-monetary, of each spouse to the well-being of the family
- The earning capacity, education, and employment history of each spouse
- The tax consequences to each party
- Any other factors deemed relevant and necessary by the court
The court will carefully weigh these factors to determine whether spousal support is warranted and how much should be awarded. Each case is unique, and the court will evaluate the evidence presented and apply these factors based on the specific circumstances of the parties involved.
Types of Spousal Support in Virginia
In Virginia, there are several types of spousal support that can be awarded:
- Temporary support: This is awarded during the divorce proceedings and is intended to provide interim financial assistance to the financially dependent spouse.
- Rehabilitative support: This form of support is designed to help the receiving spouse become self-supporting. It may be awarded for a specific period to enable the recipient to acquire education, training, or employment skills.
- Permanent support: Permanent spousal support is generally awarded in long-term marriages where the receiving spouse may not have the ability to achieve self-sufficiency due to age, health, or other factors.
- Lump-sum support: In certain cases, the court may award a one-time, lump-sum payment rather than periodic support payments.
Modifying or Terminating Spousal Support
In Virginia, spousal support orders are not typically set in stone and can be modified or terminated under certain circumstances. Either spouse can request a modification or termination of spousal support by demonstrating a material change in circumstances that justifies a modification or termination.
Examples of material changes that may warrant a modification include a significant change in income, an increase in the recipient spouse’s earning capacity, retirement, or the receiving spouse entering into a new supportive relationship. It is important to consult with an experienced Virginia divorce attorney to discuss the specific circumstances of your case and determine the most appropriate course of action.
Schedule a Consultation
If you believe that you may be entitled to spousal support or if you are concerned about your financial future following a divorce, it is essential to seek the guidance of an experienced Virginia divorce attorney. An attorney can provide you with personalized advice based on the specific circumstances of your case, help you understand your rights and obligations, and represent your best interests during negotiations or court proceedings.
At Magee Goldstein, our dedicated team of divorce attorneys in Roanoke, Virginia, has extensive experience in handling contested divorce cases, including spousal support matters. We understand the complexities involved in determining spousal support and are committed to providing effective legal representation to protect your rights and financial well-being. Contact us today to schedule a consultation.
