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The end of a marriage ultimately results in the division of assets and often with the payment of spousal support(also known as alimony) from one spouse to the other. Despite the popular conception that the woman always ends up receiving the alimony, Virginia law is neutral on the subject and uses a variety of factors to determine if spousal support should be awarded, and if so, for how long, how much, and to whom.
Generally, if a spousal support decision is left to the courts, the goal will be to enable both spouses to continue to live as close as possible under the same conditions as when they were married, the operative phrase being “as close as possible.” This means that a court isn’t going to throw one spouse out onto the street because that person stayed at home to support the other spouse or is ill-prepared to enter the workforce on a competitive basis.
If you are considering divorce, have been served papers, or are already in the process of ending your marriage and you’re in Lynchburg or Blackstone, Virginia, contact E. Gordon Peters, Jr., Attorney at Law. For decades, Gordon has helped individuals in matters of family law, including divorce and spousal support options. He will be happy to meet with you, discuss your circumstances, and help guide you toward a mutually beneficial solution.
The first thing to remember is that you don’t have to let the court dictate a spousal support solution. You and your spouse can work out a settlement agreement and present it to the court for approval. An uncontested divorce has several advantages, not only in terms of cost (no hours in court battling it out) but also in terms of moving forward emotionally and financially.
In general terms, alimony can be temporary, rehabilitative, or permanent.
Marriages of 20 years or longer are the most likely to result in permanent awards of alimony, but the rule of thumb for most spousal support payments is a duration of 50% of the length of the marriage. A 10-year marriage may thus result in five years of support payments, but nothing is cast in legal stone.
Payments can be made bi-monthly or monthly at a set amount, or a lump sum payment may be ordered. A combination of lump-sum and periodic payments may also be ordered by the court.
The courts use a long list of factors found in Virginia Code Section 20-107.1, which states: “The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce….” In other words, if the spouse requesting alimony has committed adultery, that can be grounds for denial of support.
Absent adultery as a factor, the code then lists 13 considerations for determining an award of spousal support. Among other factors, the list includes:
In addition to the cessation of spousal support if the recipient remarries or cohabitates, the paying party can request a modification — or even termination — if his or her income changes. For instance, if the person loses his or her job or the income of the recipient suddenly rises because of a new job or a promotion. However, if you quit a job just to avoid support payments, the court will not look kindly on that.
E. Gordon Peters, Jr., Attorney at Law, can meet with you to assess your situation and advise you of your options. Gordon will provide you with experienced legal counsel as you consider the key decisions in the divorce process. The firm is proud to serve the needs of clients in Lynchburg, Blackstone, Campbell County, Amherst County, and Bedford County, Virginia.
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