Spousal Support Process

Spousal support (or alimony) is not awarded in every divorce, but when it is, it can have a significant impact on each party’s finances. Here is an overview of how spousal support awards are determined in Virginia.

Step 1: Initiating and Filing for Spousal Support

The first step in the spousal support process is to formally request support through the court system. This requires filing a petition for spousal support with the local circuit court. Whether you’re the spouse seeking support or the one who may be required to pay it, this stage establishes the foundation for the case. An attorney will work closely with you to prepare and file the necessary documents.

Step 2: Filing Financial Affidavits

Financial affidavits are critical in determining whether spousal support will be awarded, as well as calculating the appropriate amount. Both parties are required to provide a full and honest disclosure of their financial situation, including income, expenses, assets, and debts. Accurate financial information can significantly impact the court’s decision. Our attorneys will guide you in gathering, organizing, and submitting this information to meet court requirements while advocating for your best interests.

Step 3: Ordering Temporary Support

During the divorce process, financial stability is often a pressing concern. Temporary spousal support can be requested to help meet immediate needs while the case is ongoing. This is particularly important if one spouse does not have a steady income or faces significant financial hardship. A temporary spousal support hearing may be held to determine whether these payments are necessary and, if so, how much should be awarded. Ordering such support can help protect your financial well-being during this interim period.

Step 4: Mediation

Mediation often plays a vital role in resolving spousal support disputes without going to trial. This process allows both parties to work with a neutral third party to reach an agreement that suits their needs and circumstances, offering an opportunity to negotiate terms that align with your goals. Mediation can save time, reduce court costs, and minimize emotional conflict, making it a preferred option for many families. 

Step 5: Entering a Consent Order

When both parties agree on the terms of spousal support, they can enter a consent order. This agreement is then submitted to the court for approval, making it legally binding. Consent orders can include details about the type of support, payment amount, and the duration of payments. This step often concludes the spousal support process, allowing both parties to move forward without further court involvement. We ensure that the terms of the agreement are clearly defined and protect your rights before submitting the order to the court.

Step 6: Pretrial and Trial

If an agreement cannot be reached through negotiation or mediation, the case proceeds to trial. The court will evaluate the financial circumstances and other relevant factors for each party before rendering a decision. Pretrial hearings might occur to clarify issues or streamline the trial process. At trial, the judge will consider elements such as the length of the marriage, financial needs, contributions by each spouse, and earning capacity. 

Step 7: Final Order Issued

The final step in securing spousal support in Virginia is the issuance of a “Final Order” by the court. Once the court has reviewed all evidence, heard arguments from both parties and reached a decision, it will document the specifics of the spousal support arrangement in a legally binding order. This order details the amount and duration of payments, as well as any conditions that may apply. Both parties are required to adhere to the terms outlined in the order, which serves as the framework for financial support following the divorce.