Virginia Spousal Support FAQs Fairfax Lawyer

Can Someone Actually get a Permanent Spousal Support?

If one of the spouses remarries or dies, then the spousal support shall end if it is ordered by the court. If a spouse that is is almost at retirement age and he/she had a long-term marriage, then spousal support will most likely be awarded to him/her with an indefinite time.

However, alimony may be awarded for a limited time if the spouse had a short-term marriage and he/she is young which is sometimes called “rehabilitative alimony.”

In Virginia, how is the spousal support determined?

If alimony was awarded to spouses, a judge shall decide the amount of the alimony that the spouses will get if they had not decided themselves.

What are the factors that are required for the determination of spousal support in Virginia?

When the court determines how much maintenance they take into consideration the duration of the marriage of the partners, the living standard that was established during their marriage, the physical health, mental condition, and the age of the partners, any circumstances that are considered to be special, the income from their pension, retirement plans or any profit-sharing, obligations, the needs and the financial resources of the partners, the financial assets of each partner, the action or contribution to the family of each partner either monetary or non-monetary, each partners contribution to the others training, career, position, profession, or education, when one partner would stay home due to the condition of any special circumstances or age of their child, the partner’s current employment opportunities with regards to their earning capacity, an opportunity for and the ability of the partners to get an education and to get the training to enhance the earning ability, the tax consequences that each partner has that is necessary to reach a fair result, the decisions that were made during marriage regarding their parenting and work, the time spent out of the job market by either the partners, their effectiveness on earning potential , each spouse’s provision with regards to the distribution of the marital property, and each partner’s provisions that were made with regards to the distribution of the marital property.

The Taxes on Spousal Support are Payed by Who in Virginia?

The tax must be paid by the person that is receiving alimony and also he/she must declare it as income in Virginia. The amount needed for the tax is removed from the income of the alimony.

Will There ever be a Barring of Spousal support?

The court shall not allow alimony if the spouse looking for it has committed adultery. On the other hand, if the spouse committed cruelty or desertion, then the court will allow alimony.

If the Spouses had Decided on the Spousal Support but want to Modify it in the Future, Can They?

The alimony in Virginia cannot be changed or modified if the spouses agreed on it and included that amount on their settlement agreement unless their agreement allows for the modification of the alimony in the future. Also, the spouses can come to court and request a decrease or increase of the alimony.

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