There are many scenarios when spousal support might be necessary after a Virginia divorce. Also known as alimony in other jurisdictions, spousal support allows a dependent spouse an opportunity to rebuild their life without enduring poverty because of a divorce.
The courts look at factors including the length of the marriage and the economic circumstances of each spouse when deciding if spousal support is appropriate, how much it should be and how long it should last. Spouses paying spousal support often hope to limit how much they must pay to support their former spouse. In certain scenarios, it may be possible to ask the courts to modify an order to end it early.
When can the spouse paying support potentially end their obligations earlier than originally anticipated?
When the recipient remarries
One of the most common reasons that the person paying spousal support qualifies for an early termination of that responsibility is that the recipient remarries. Someone who truly cannot live independently or who has limited earning potential may start a new relationship and can then rely on their new spouse to help cover their basic cost-of-living expenses. The remarriage of a recipient is a reason to request a spousal support review and modification.
When the recipient moves in with a partner
Not all long-term romantic relationships lead to marriage. Sometimes, couples decide to cohabitate without getting married. In that scenario, the spouse receiving spousal support may also enjoy the financial support of their new partner. Provided that a cohabitation arrangement persists for at least a year, the paying spouse can ask the Virginia courts to terminate their spousal support obligations because of the improved circumstances of the recipient.
When dealing with economic hardship
Sometimes, the reason that spousal support needs to change is that the party paying experiences economic setbacks. Maybe they lost their job and have limited resources set aside. Perhaps they experienced a medical emergency or got hurt in a car crash. When the paying spouse experiences involuntary financial hardship, the Virginia family courts may agree to reduce or end spousal support payments.
Pursuing a spousal support modification after a divorce may be necessary for the financial health of the spouse who is obligated to pay. Those who understand the rules that apply to spousal support can recognize when an early termination or a modification might be possible.