If you are filing for divorce for the first time in Virginia, then this may be the first time you hear terms like child custody, child support, or spousal support (also known as alimony).
If you apply for spousal assistance without knowing the real implication of it, you may be surprised by the way the procedures are carried out.
When a divorce is finalized, one party may be required to provide funds for the other party, this act of providing funds for the other party is called spousal support.
Most divorce petitioners are unaware that the spousal support order has no connection to the request for equitable distribution of property.
The spouse seeking spousal support has two ways of trying to obtain it. He/she can get it in a court of law or through an agreement between the parties.
Virginia law explains the different types of spousal support that the courts can order, such as permanent spousal support, temporary spousal support, and rehabilitative spousal support.
VA permanent spousal support is primarily ordered in cases where a divorce is sought after a long period of being married. Permanent alimony if requested is paid for an unspecified period of time.
Permanent spousal support ends with the death of the receiving spouse. If the receiving spouse shares a long-term relationship with a third party or remarries, permanent spousal support ends.
Temporary spousal support in VA is ordered in cases where the parties are separated but not divorced.
VA rehabilitative spousal support is paid in cases where the receiving party needs support due to their current circumstances, such as an educational upgrade for a job, relocation due to job changes. Another special circumstance in which rehabilitative spousal support is granted is the situation where there are children born out of wedlock and the caretaker spouse is forced to take time off from employment because of the children.
The next big question that challenges people who are new to the divorce process in Virginia is the process adopted by the courts to arrive at the amount of spousal support.
You must understand that there is no written rule that acts as a guide for determining spousal support in Virginia
The courts, while deciding who will pay spousal support and the amount to pay, take into consideration a number of factors such as the standard of living of the marriage, the earning capacity of the couple, the length of the marriage and the needs of each partner. Including children in consideration.
By carefully considering the factors listed above, the courts decide the type of spousal support that is relevant to your case and come to a determination of alimony to be paid.
In counties like Fairfax, there are spousal support calculation guidelines for temporary spousal support cases .
The right to obtain spousal support is generally prohibited if the party seeking spousal support commits adultery or commits some other misdemeanor.
One of the difficult tasks in a Virginia divorce case is proving your spouse’s adulterous act in court.
If you are considering using the basis of your spouse’s adultery to prevent your spouse from receiving spousal support, then you really should seek the assistance of a qualified attorney who has a thorough understanding of the law.
Mr. Sris has helped numerous clients with spousal support cases in Virginia . C