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Leesburg Divorce Attorney > Blog > Spousal Support > How A New Relationship Could Impact Your Rights To Spousal Support In Virginia

How A New Relationship Could Impact Your Rights To Spousal Support In Virginia


After enduring an unhappy marriage and filing for a divorce, meeting someone new who treats you right can be exciting. There is nothing wrong with moving on after getting a divorce in Loudoun County. However, it is important to be aware of how a new relationship could impact your rights regarding spousal support.

Dating And Your Rights Regarding Spousal Support In A Divorce

Filing for a divorce is an emotionally draining experience. It can also wreak havoc with your finances. Spousal support can help ensure you are able to provide for yourself in the aftermath. Under Section 20-107.1 of the Virginia Code, you may be entitled to spousal support payments, which can help you gain the skills and experience needed to reenter the workplace while maintaining the same standard of living you enjoyed during your marriage. Factors that influence your rights regarding these payments include:

  • The length of your marriage;
  • Whether your spouse makes significantly more than you;
  • Whether you sacrificed your own career or education for the sake of supporting them or children from the marriage;
  • Whether there was any marital misconduct involved.

While you may be eager to get on with your life and build a relationship with someone else, it is generally in your best interests to refrain from dating while your divorce proceedings are going on. In addition to distracting you from important legal matters, it could also be considered adultery in the eyes of the court. As a result, your spouse could end up using the relationship against you as a means of avoiding spousal support payments.

Spousal Support and Relationship After Your Divorce

Once you receive a final divorce order through the Loudoun County Court, you are officially free to begin a new relationship. However, if you are receiving spousal support, it is important to be aware of important stipulations involved.  Payments may be awarded on either a temporary or more permanent basis but in either case, your spouse is no longer legally obligated to make payments if you remarry.

To get around this, some people opt to cohabitate with a new partner rather than getting married and losing their alimony. Be aware that this is not likely to work. Living with someone could provide grounds for stopping spousal support payments if the following factors are involved:

  • You and the person you live with present yourself as a couple among family, friends, and the community at large;
  • You each contribute to household expenses;
  • Both of your names are listed on property titles or leases;
  • You have a joint bank account or have taken out loans or credit cards together.

Let Us Help You Today

Spousal support can help to ensure your financial recovery both during and in the aftermath of a divorce. At Schwartz Kalina, PLLC, we provide the legal guidance needed to protect your rights regarding these payments.  To discuss the specific circumstances in your case, contact our Leesburg spousal support attorneys and request a consultation today.

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