Virginia Spousal Support & Alimony Lawyers
Spousal support is one of the areas of Virginia family law with the greatest amount of uncertainty. There are no guidelines prescribed by the Virginia Code that govern all spousal support cases, making it difficult to predict what a court will do.
It is important to select a spousal support attorney who has experience in the court where your case will be heard. At Hirsch & Ehlenberger, P.C., our lawyers can guide you in settlement negotiations with appropriate advice for any given spousal support or alimony situation.
Understanding Virginia Spousal Support Laws: Statutory Factors And Rules
Navigating alimony in Virginia requires rigorous statutory interpretation, precise strategic planning and seasoned courtroom judgment. With over 35 years of northern Virginia family law and Fairfax County Circuit Court experience, our firm guides clients through every legal benchmark governing financial support.
Our attorneys leverage decades of practice to help individuals navigate both initial awards and post-decree modifications. To build a compelling strategy for your case, we evaluate the core framework provisions that courts rely upon within the Virginia Code:
- Va. Code § 20-107.1 on statutory factors and mandatory standards: Judges must evaluate 13 specific statutory criteria spanning marital history, physical conditions and financial circumstances before awarding support. This legal framework requires a holistic review balancing personal well-being alongside overall economic standing and tax implications. Utilizing these comprehensive statutory benchmarks ensures judicial decisions reflect the total reality of every marriage.
- Va. Code § 20-107.1(B) on fault bars and adultery provisions: Proof of adultery statutorily prohibits a spouse from receiving spousal support awards under Virginia law, barring exceptional circumstances. Overcoming this absolute prohibition requires proving by clear and convincing evidence that withholding support creates a manifest injustice. Judges carefully weigh relative economic circumstances and degrees of fault before granting any rare exception.
- Va. Code § 20-109 on modification, cohabitation and termination: Modifications to an existing spousal support order require establishing an unanticipated material change in financial circumstances. Beyond formal court modifications, support obligations terminate automatically upon the death of either party or the remarriage of the recipient. Continuous cohabitation in a relationship analogous to marriage for one year or more also provides legal grounds for termination.
- Va. Code § 20-107.3 on equitable distribution interconnection: Courts handling property division must resolve marital asset allocation, debt distribution and complex property rights prior to fixing final support. Equitable distribution decisions directly alter each party’s post-divorce income and financial position. Resolving property matters first prevents double-counting assets while ensuring fair spousal support awards.
Whether protecting family assets, evaluating complex executive compensation packages or navigating fault bars and modification cases, we deliver practical, thorough and reasonable guidance at every stage of the divorce process and beyond. Comprehensive knowledge of local courtroom procedures and rigorous trial preparation enable our lawyers to work toward ensuring your financial stability remains fully protected throughout settlement negotiations or a trial.
The Deciding Factors And Their Influence On Your Situation
Spousal support determinations have two key components: duration and amount. When deciding the appropriate duration and amount of spousal support at a final hearing, courts must consider:
- Various financial obligations
- Marriage duration
- The condition of the parties, including age and general well-being
- Financial and other contributions to family well-being
- Support for marital property
- Capacity for financial earnings
- Educational contributions of each party
There are many misconceptions about the duration of spousal support. The truth is that each case is fact-specific. Spousal support is not warranted in all cases.
A common misreading of the Virginia Code by clients is that the duration of spousal support is equal to half of the length of the marriage. While some parties may voluntarily agree upon a length of support equal to half the length of the marriage, there are many situations when spousal support is awarded for a shorter or longer period.
Spousal Support Amounts Vary Case By Case
The amount of spousal support is also difficult to predict. In some local jurisdictions, such as Fairfax County and Loudoun County, the courts will apply guideline support calculations for temporary support to enable both parties to function financially during the separation while they wait for a final hearing. However, it is reversible error for any court to consider the temporary guideline amounts of support at a final hearing.
As with support for children, a court may determine that a party is not employed at an appropriate level and is capable of earning more. If a court finds that a spouse is voluntarily unemployed or voluntarily underemployed, it may impute income to him or her, by assigning a reasonable income to that person.
Recent Court Changes And How We Can Help
The taxability of spousal support and the ability of the payor to deduct spousal support from their income has changed under the most recent revisions to the tax code. This has implications for new agreements and may also impact court orders that are being modified after January 1, 2019. At Hirsch & Ehlenberger, P.C., our spousal support and alimony lawyers can walk you through the changes in the law and can help connect you with a CPA as necessary if you do not already have one but have questions that require that level of expertise prior to reaching a settlement.
Whether Spousal Support Or Alimony, Our Lawyers Are Ready
If you would like more information about what to expect when seeking spousal support or alimony or when facing a request for spousal support or alimony, contact our experienced divorce lawyers for an initial consultation. Reach us by calling 703-239-4832 or sending us an email.