Roanoke and Southwest Virginia Spousal Support Attorney

If you are facing a divorce or separation in Virginia, you are almost certainly concerned about how it will affect your finances. If you were a stay-at-home or lower-earning spouse during your marriage, you may be wondering how you will get by financially, or if you will need support from your former spouse. If you were the spouse who earned more, you may wonder if you will have to pay alimony, and if so, whether you will have enough money left for your own needs.

The simple math is that supporting two households costs more than supporting one. That makes spousal support (alimony) a big concern for many divorcing couples in Virginia. Whether you expect to need spousal support, or you are concerned about having to pay spousal support, good legal advice is essential. To get the guidance and advocacy you need, contact Johnstone Law to schedule a consultation.

Understanding Virginia Spousal Support

There are different types of spousal support that may be awarded in a Virginia divorce:

• Temporary, or “pendente lite” spousal support, may be awarded for the support of a dependent spouse while the divorce is pending but not yet final. In Virginia courts, there are guidelines for determining the amount of temporary spousal support.
• Rehabilitative spousal support may be awarded for a specific period of time when a divorce is final to allow the dependent ex-spouse time to gain the training or skills needed to become self-supporting.
• Permanent spousal support may be awarded when a divorce becomes final. Permanent spousal support is more common in long-term marriages or where one spouse is unlikely to be able to become self-supporting due to age, illness, the need to care for a disabled child, or other reasons. Despite the name, permanent spousal support is not necessarily permanent- it continues until the occurrence of certain events, like the remarriage of the dependent ex-spouse, the death of either the dependent spouse or the payor spouse, cohabitation of the dependent spouse or until there is material change in circumstances of the parties, such as a job loss, which may justify a change in the amount or termination of support altogether..

As with many other issues in a divorce, spouses can reach agreement on the terms of alimony, including amount and duration, and whether they want their spousal support to be non-modifiable regardless of changes in their circumstances after divorce.

If the parties cannot agree on spousal support, the court will decide. Virginia courts cannot make non-modifiable awards of spousal support, and in cases where a court awards permanent spousal support to be paid after the entry of a final decree of divorce, the court reserves the right to modify the award in case future changes in circumstances make modification appropriate. In addition, court awarded spousal support automatically terminates upon the death of either party, the remarriage of the payee spouse or the cohabitation of the payee spouse with a person in a relationship analogous to marriage for twelve months or more.

When deciding whether to award spousal support after the divorce is granted, the court first determines whether the dependent spouse would be barred from receiving support for having committed adultery or some other misconduct that led to the breakdown of the marriage.

If there is no bar to an award of spousal support, the court will take the following factors into account in deciding whether to award support, how much to award, and for how long:

• The obligations, needs, and financial resources of the parties
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and mental condition of the parties and any special circumstances of the family
• The extent to which the age, condition, or special circumstances of a child of the parties would make it appropriate for a party not to seek work outside the home
• Each party’s contributions, monetary and nonmonetary, to the family’s well-being
• The property interests of the parties
• The earning capacity of the parties and their present employment opportunities
• The opportunity for, ability of, and time and costs involved for a party to increase their earning ability
• How decisions made regarding work, economics, education and parenting by the parties during the marriage affected their earning potential
• The extent to which one party contributed to the other’s education, training, or career advancement
• Any other factors required to take into account for an equitable decision.

Spousal support determinations are very fact-specific. Having an attorney who can present the facts to the court in a way that is favorable to you is essential if alimony is a disputed issue in your case. That said, it is even better to have an attorney who can negotiate effectively on your behalf so that it’s not necessary to go to court.

Work with a Roanoke Lawyer who is experienced with spousal support issues

The spousal support award in your case will have a major impact on the financial resources you will have to rebuild your life after a divorce or separation. An experienced Virginia spousal support attorney will advise you and advocate for you, helping you achieve the financial result you need to move forward with your life.

At Johnstone Law, our attorneys offer you the benefit of over 30 combined years of experience in Virginia family law, including spousal support matters. We understand what’s at stake, whether you are asking for spousal support or being asked to pay it. If you have an existing spousal support order that no longer meets your needs due to a change in circumstances, we can also help you seek a modification of your order.