Pautas de apoyo conyugal en Virginia Fairfax Abogado
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Spousal support is a legal obligation for a person to provide financial support to a spouse during or after a divorce. The main purpose of spousal support is to create equal standards of living for both people after a divorce. The amount of child support paid and the length of time over which it is paid differ from case to case and depend on the specific circumstances of the marriage and divorce. A couple can come to a mutual agreement on spousal support or have it determined and enforced by the court.
Types of spousal support
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temporary support
- Temporary spousal support may be awarded if a couple is legally separated but not divorced. In the state of Virginia, temporary support can be awarded to a spouse once a divorce has been filed and paid until finalized.
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rehabilitation support
- Rehabilitation support lasts for a specified period of time and is given to the dependent spouse while they prepare to return to work. It is also granted in the presence of young children who may delay the spouse’s return to work.
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Technical support
- Technical support is paid until an agreed date. For example, a couple may agree to pay spousal support until all of their children have reached legal age.
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permanent support
- Permanent support continues indefinitely and is usually granted if the divorced couple has been married for a long period of time. Permanent support may be terminated under certain conditions including:
- Death to pay spouse
- Death of receiving spouse
- New marriage of receiving spouse
- Permanent support continues indefinitely and is usually granted if the divorced couple has been married for a long period of time. Permanent support may be terminated under certain conditions including:
The state of Virginia rarely grants spousal support in cases where the spouses have committed adultery. Similarly, it does not order a spouse to pay support if he/she has been charged with spousal misconduct.
Determination of spousal support
To determine the amount of support paid, the amount of time it is paid, and the spouse who should be ordered to pay, the court weighs one spouse’s financial need against the other’s ability to pay. Factors that the State of Virginia considers before determining spousal support include:
- Years
- length of marriage
- Standard of living during marriage
- Contribution and decisions made by either spouse during the marriage that may have affected their career/income (for example, quitting work to raise children)
- Current and future income of both parties.
- financial assets
- The payment capacity of the support party.
Modification of spousal support
If both parties involved in a divorce agree to a certain amount of spousal support and include this agreement in their divorce agreement, the support amount can only be changed if the divorce agreement allows for future modification. A judge may allow a change in the amount of support paid if there is a significant change in circumstances. For example, if a receiving spouse’s income increases significantly, a judge may reduce the amount of support paid. Also, a person paying spousal support can request to be disenrolled if the spouse they receive is in a marriage relationship.
If You Need a Virginia Spousal Support Lawyer For help with your Spousal Support case in Virginia, call us at 888-437-7747. Our Virginia spousal support attorneys can help. C