Virginia Spousal Support Attorneys
Spousal support – commonly called alimony – is a payment mechanism that helps to balance the financial inequities that divorcing parties sometimes experience. If one divorcing spouse experiences a financial setback upon divorce and the other can help offset it, spousal support may be ordered. Spousal support doesn’t play a role in every divorce, but when appropriate, it can be an important tool that helps bridge the financial gap between divorcing parties. If you have questions or concerns related to spousal support and your divorce, don’t wait to consult with an experienced Virginia divorce attorney.
Spousal Support Is Not Intended to Punish
In the Commonwealth of Virginia, spousal support is not intended to punish the spouse responsible for causing the marriage’s demise, but this is not to say that every factor that contributed to the dissolution of the marriage won’t play a role in the court’s decision-making process. Further, if the spouse seeking spousal support is proven to have had an affair, they may be barred from receiving spousal support. An exception, however, is if the potential recipient of spousal support can demonstrate that being denied would prove financially unjust, leading to the court making an exception.
The Factors Involved
When it comes to spousal support, there is the matter of whether it is appropriate in your situation, and if so, there is the matter of its amount and duration. The factors that the court takes into consideration in this process include:
- The length of the marriage
- Each spouse’s financial obligations, needs, and resources, including any income from retirement plans, pensions, or profit-sharing
- Each spouse’s capacity to earn, level of education, job skills, and training
- The opportunities available for the spouse requesting support to acquire the education, experience, and/or skills necessary to increase their earning capacity
- The standard of living the couple achieved during their marriage
- Each spouse’s age, physical and mental health, and any relevant extenuating circumstances
- The extent that age and/or the physical or mental health of the spouse requesting support precludes them from working outside the home
- Each spouse’s contributions to the family’s well-being, including both monetary and non-monetary (such as childcare and homemaking) contributions
- Each spouse’s separate property interests
- How the marital assets were divided in the divorce
- The degree to which the spouse seeking support contributed to their spouse’s education, career, and/or earning potential throughout the marriage
- The tax implications both spouses will experience as a result of the divorce
- Any other factors the court deems relevant to the case in question
