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, spousal support 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 spousal support was awarded to spouses, a judge shall decide the amount of the spousal support 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 spousal support they take into consideration the duration of the marriage of the spouses, the living standard that was established during their marriage, the physical health, mental condition, and the age of the spouses, 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 spouses, the financial assets of each spouse, the action or contribution to the family of each spouse either monetary or non-monetary, each spouses contribution to the others training, career, position, profession, or education, when one spouse would stay home due to the condition of any special circumstances or age of their child, the spouse’s current employment opportunities with regards to their earning capacity, an opportunity for and the ability of the spouses to get an education and to get the training to enhance the earning ability, the tax consequences that each spouse 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 spouses, their effectiveness on earning potential , each spouse’s provision with regards to the distribution of the marital property, and each spouse’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 spousal support and also he/she must declare it as income in Virginia. The amount needed for the tax is removed from the income of the spousal support.

Will There ever be a Barring of Spousal support?

The court shall not allow spousal support 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 spousal support.

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

The spousal support 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 spousal support in the future. Also, the spouses can come to court and request a decrease or increase of the spousal support.

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

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