Spousal support (alimony) may be an imperative component of your financial future and stability in the wake of a divorce, particularly if you were a spouse out of the workforce for the majority of your marriage. However, spousal support looks a lot different than it did a few decades ago.
Understanding how spousal support works in Virginia and how courts make decisions is vital for anyone going through a divorce.
Types of alimony
In Virginia, there are three main types of spousal support: temporary, rehabilitative and permanent. Temporary support provides financial assistance until a final divorce agreement or order is made.
Rehabilitative support is financial support awarded for a specific period of time, in order to help a spouse become self-supporting. It’s often used when one spouse has been out of the workforce, or needs additional education before obtaining a career.
Permanent alimony is increasingly rare. However, it may be awarded in cases where one spouse cannot become self-supporting due to age, disability or other factors. It may also be awarded where there are still young children who have special needs requiring a parent to remain home with them.
Factors the courts consider
When determining spousal support, Virginia courts can consider a number of factors. These include:
- Marriage duration
- Established marital standard of living
- Financial resources and needs of each spouse
- Spousal earning capacity
- Spousal contributions to the marriage (both positive and negative)
- Age and health of each spouse
- The circumstances surrounding the dissolution of the marriage
The duration and amount of spousal support depend on the specifics of the divorce. For short-term marriages, it may be awarded for a minimal period, while longer marriages may result in alimony for a longer duration. A lump sum award of spousal support is also possible.
If spousal misconduct, such as adultery or cruelty, is a factor, it can impact the court’s divorce decisions. For instance, proven misconduct may lead to reduced or denied spousal support. A spouse who has been found to have committed adultery will be denied spousal support unless she or he can show that denying them support would constitute a “manifest injustice.”
Given these and other alimony complexities, legal guidance can be invaluable. An experienced professional can explain your rights and guide you through the legalities of seeking or paying spousal support in Virginia.
