Legal Professionals of Hirsch & Ehlenberger

What are the factors that determine spousal support in Virginia?

On Behalf of | Apr 30, 2024 | Divorce

Divorcing spouses may request alimony for their maintenance and support after the divorce. However, getting spousal support is not a guarantee.

In Virginia, the courts decide on granting spousal support based on the reasons and other considerations that caused the divorce. Moreover, it is up to the courts to finalize the alimony amount depending on numerous factors.

Marriage and family matters

The duration of the marriage and the spouses’ standard of living during their union are among the considerations. Other factors are the age, physical condition and mental state of the spouses.

If they have children, the courts will consider their decisions on parenting arrangements. They will also decide based on the ages, physical conditions and mental states of the children.

Financial status and earning capacity

The financial standing of the spouses is another important consideration. The courts will check their financial resources, debts, income and property interests. They will also take into account the spouses’ current employment, earning capacity, and the time and money that they spent for upskilling or reskilling.

Contributions to the family

Alimony amounts are also based on the spouses’ monetary and nonmonetary contributions to support the well-being of their families. These include their contributions to the other spouse’s achievements in terms of career, training and education.

Taxes and payment durations

Another crucial factor involves the tax consequences for each spouse. Meanwhile, after the court finalizes the alimony amount, it will then decide on the payment duration.

A court may require alimony payments through a lump-sum award or a periodic schedule that could be definite or indefinite. In some instances, a court may require spouses to provide alimony via a combination of payment schemes.

Getting the support that you deserve

Going through a divorce brings about uncertainties, including if you have the financial capability to move on without your spouse by your side. With legal guidance, you may request the alimony that you deserve so that you can march on in life with ample support.


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