Factors That Impact Your Legal Rights to Alimony in a Virginia Divorce
Going through a divorce in Virginia can wreak havoc on your finances. One of the most common questions we hear from clients concerns their right to alimony.
Getting an alimony award (often referred to as spousal support in Virginia) can help protect you, both during a divorce and in the months and years after. Our experienced Virginia alimony lawyer explains the factors judges consider when ordering support, as well as the types available.
How Virginia Courts Decide Whether to Award Spousal Support
Judges have broad discretion under Section 20-107.1 of the Virginia Code when it comes to awarding spousal support. The first task is deciding whether support should be awarded at all. The second is determining the amount and the duration. Factors Virginia Family Court judges consider include:
- How long the couple was married and their standard of living.
- Their age and health, including any factors that affect a spouse’s ability to work.
- Their individual education, skills, and earning capacity, along with the time and cost required for the lower-earning spouse to become self-supporting.
- Each spouse’s contributions to the marriage, including non-financial contributions such as supporting their partner’s career or taking care of children.
When seeking alimony in a Virginia divorce, judges also consider circumstances that contributed to the breakdown of the marriage, including any fault grounds for divorce. For example, a spouse found to have engaged in adultery is generally barred from receiving spousal support in Virginia, unless the court finds that denying it would create a manifest injustice.
Temporary Support vs. Final Spousal Support Awards in a Virginia Divorce
While a Virginia divorce is pending, the judge can award temporary spousal support. Known as pendente lite support, it helps a lower-earning spouse cover expenses until the case is resolved. Here’s what you need to know about it:
- There are no firm legal guidelines for determining temporary spousal support in Virginia.
- Temporary support helps maintain the status quo during the case, and does not predict what a final award will look like.
- Both temporary and permanent alimony orders may be modified if either spouse experiences a material change in circumstances.
- If the judge in your case determines that either spouse is voluntarily unemployed or underemployed, they can calculate support based on what that spouse is capable of earning, rather than their current income.
Because Virginia judges have so much discretion, the way your case is presented can meaningfully affect the outcome. Strong documentation and a clear explanation of your circumstances make a real difference.
Request a Consultation With Our Experienced Virginia Divorce Lawyer
In a Virginia divorce, a spousal support award can impact your financial future for years to come. At Schwartz Kalina, PLLC, we protect your rights in these proceedings and help you get the maximum amount you are entitled to.
To discuss your specific situation and how our experienced Virginia family lawyer can help, call or contact us online. Request a confidential consultation today.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-107.1/
law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-278.17:1/
loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
