FAMILY LAW – SPOUSAL SUPPORT/ALIMONY
In Virginia, spousal support (also called alimony) is determined based on a variety of factors, as outlined in Virginia Code § 20-107.1. The goal is to ensure a fair and equitable outcome based on the circumstances of both spouses. Here are the key factors that a court considers when determining spousal support in Virginia:
1. The obligations, needs, and financial resources of the parties
This includes each spouse’s ability to support themselves, their income, assets, debts, and living expenses. The court will look at how much money each spouse needs to maintain a similar standard of living to what they had during the marriage, and the other spouse’s ability to meet these needs.
2. The standard of living established during the marriage
The court will consider the lifestyle the couple enjoyed during the marriage. Spousal support is often aimed at helping the lower-earning spouse maintain a similar standard of living post-divorce, if possible.
3. The duration of the marriage
Generally, longer marriages (typically 10 years or more) are more likely to result in spousal support because one spouse may have become financially dependent on the other over a longer period of time. Shorter marriages may not result in spousal support or may lead to a reduced amount.
4. The financial and non-financial contributions of each spouse to the marriage
This includes any contributions made by either spouse to the well-being of the family, such as raising children or supporting the other spouse’s career or education.
5. The age and physical and mental condition of both spouses
The court will consider whether either spouse has health issues that may prevent them from supporting themselves, or whether one spouse is older and may have a harder time finding work or being financially independent.
6. The extent to which either party has or will be able to acquire education, training, and employment
If one spouse is able to obtain education or training to increase their earning capacity, this could be a factor in reducing spousal support. The court may also consider if one spouse has already developed their career and has a significant income.
7. The property interests of the parties
The court will look at the property awarded to each spouse in the divorce (such as the marital home or other assets). If one spouse receives a larger share of the marital assets, they may not need as much spousal support.
8. The circumstances under which the divorce was granted
If the divorce was granted due to one spouse’s fault (such as adultery, cruelty, or abandonment), this may affect the spousal support decision. A spouse who was at fault may receive less or no spousal support, depending on the circumstances.
9. Any other factors the court deems relevant
The court has discretion to consider any other circumstances that it believes might be relevant to making a fair decision about spousal support.
Types of Spousal Support in Virginia:
- Temporary Spousal Support: Awarded while the divorce is pending.
- Permanent Spousal Support: Awarded after the divorce is final, often based on long-term factors and the need for financial support.
Spousal support can be modified if there is a significant change in circumstances, such as a change in income, employment, or health. It can also be terminated if the recipient remarries or cohabits with another person in a marriage-like relationship.
The court’s goal is to ensure fairness, so the specific circumstances of each case will ultimately determine the amount and duration of spousal support.