If you are filing for divorce for the first time in Virginia, then this may be the first time you are hearing terms like child custody, child support or spousal support (also known as alimony).
If you file for spousal support without knowing the actual implication of it, then you may be shocked by the how proceedings are conducted.
When a divorce is finalized, one party may be required to provide funding for the other party, this act of providing funds for the other party is termed as spousal support.
Most applicants for divorce are unaware that the order pertaining to payment of spousal support has no connection to order for equitable distribution of property
The spouse who seeks spousals support has two ways to try and obtain it. He/she may obtain it in a court of law or by an agreement between the parties.
Virginia law explains about the different types of spousal support that can be ordered by the courts like permanent spousal support, temporary spousal support and rehabilitative spousal support
Permanent spousal support in VA is mostly ordered in cases where divorce is sought after a long period of remaining married. permanent alimony if ordered is paid for an unspecified period of time.
Permanent spousal support comes to an end with the death of the receiving spouse. if the receiving spouse shares a long term live-in relationship with a third person or remarries the permanent spousal support gets terminated
Temporary spousal support in VA is ordered in cases where the parties are just separated but are not divorced.
Rehabilitative spousal support in VA is paid in cases where the receiving party requires support due to his or her present circumstances such as an educational update for a job, relocation due to changing jobs. another special circumstance in which rehabilitative spousal support is granted is the situation where there are children born out of the marriage and the caretaking spouse is compelled to take a break from employment due to 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 should understand that there is no written rule that acts as a guideline for spousal support determination in Virginia
The courts while deciding who will pay spousal support and the amount to be paid takes in to consideration a number of factors such as standard of living of marriage, the income earning capacity of the partner, the duration of the marriage and the needs of each member including children in to consideration.
By carefully considering the above-mentioned factors, the courts decide the type of spousal support that is relevant to your case and arrive at a determination of the alimony to be paid.
In counties like Fairfax there are guidelines for calculation of spousal support for temporary spousal support cases.
The right to obtain spousal support is generally barred if the party seeking spousal support commits adultery or commits some other fault.
One of the difficult tasks in a divorce case in Virginia is proving the adulterous act of your spouse in court
If you are considering using the ground of your spouse’s adultery in barring your spouse from receiving spousal support, then you really should obtain the assistance of a skilled attorney who has thorough knowledge of the law.
Mr. Sris has assisted numerous clients with spousal support cases in Virginia.