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Spousal support is the term used for payments or transfers of money or assets from one spouse to another after a divorce. You may be more familiar with the word “alimony” or the term “maintenance”, which are the same as “spousal support”.

Spousal support should not be confused with  child support  or property division. There are different time periods that one can pay or collect alimony depending on the circumstances surrounding each marriage and divorce.

Virginia courts must first determine whether the party seeking spousal support is eligible to receive it, by looking at the factors and circumstances that contributed to the dissolution of the marriage.

Adultery by a spouse will usually, but not always, prevent the spouse from receiving spousal support.

If the party seeking  spousal support  is not precluded from receiving spousal support, the court must determine the nature, amount, and duration of a potential spousal support award, considering the factors found in Virginia Code § 20-107.1 .

These factors are:

• Obligations, needs and financial resources of the spouses, including income from pensions, profit sharing or retirement plans.
• Standard of living established during marriage.
• Duration of the marriage.
• Age and physical and mental condition of the spouses, and any special family circumstances.
• The contributions of each spouse, monetary and non-monetary, to the welfare of the family.
• The financial assets of each spouse.
• Provisions made with respect to the distribution of marital property.
• Up to what age, a special circumstance condition of any child of the spouses would make it appropriate for one spouse to stay home.
• The extent to which either spouse contributed to the education, training, professional position, or profession of the other.
• The earning capacity of spouses and current employment opportunities for individuals with that earning capacity.
• The opportunity and ability of spouses to obtain education and training to improve earning capacity.
• The work and parenting decisions made by the spouses during the marriage and their effect on earning potential, including how long you have been out of the labor market.
• Provisions made with respect to the distribution of marital property.
• Any other factors, including the tax consequences for each spouse, are necessary to obtain a fair result.

How is spousal support determined in Virginia?

Spouses can decide on an amount for themselves and include it in their  marriage settlement agreement  . If they don’t, a judge will determine the amount of spousal support to be paid, if any. In either case, the advice of an aggressive and knowledgeable attorney will be to your advantage.

Duration of spousal support

Under Virginia Code § 20-107.1, the same factors that govern the court in determining the amount of spousal support also govern it in determining the length of support. However, there are no hard and fast guidelines for determining the amount or duration of spousal support in the Commonwealth of Virginia after a divorce. The basic consideration in determining who pays, how much, and the duration of support is based on the financial need of the spouse, compared to the other’s ability to pay, and also on the reasons mentioned above.

If you need a   Virginia Spousal Support attorney  to help you with your Spousal Support case in Virginia, call us at 888-437-7747. Our Virginia spousal support attorneys can help. C