Even in a healthy economy, employment and income can be uncertain. And while Virginia is currently enjoying a relatively low unemployment rate, there is no guarantee that any individual is going to have the same job and level of income that they currently hold and enjoy.

Employment and income interruptions are often due to reductions in budgets, workforce, company layoffs or terminations which are never convenient for anyone, but what happens to your spousal support agreement when you lose your job?

A Virginia court of proper jurisdiction may consider a modification of an award of spousal support if there has been a “material change in the circumstances of the parties.” For example, if the party that’s paying the support has been laid off under circumstances that are not of their own doing; or forced to take a leave of absence or is forced to resign due to an accident or catastrophic illness, the court is likely allow a reduction or termination of the award.

The Virginia courts will use the following factors in determining whether or not they will grant a modification or termination of spousal support:

• Is there a material change in the circumstances of the parties? Note that the material change can also apply to the party who’s currently receiving the support.
• Did an event that the court originally anticipated not come to fruition, and, if so, was it the fault of the party filing the petition?
• Have the circumstances of the receiving party’s situation improved since the Virginia court granted the original award?

Alimony and spousal support agreements are generally determined based on the information that is available at the time of the divorce. When establishing these awards, the Virginia courts strives to take into consideration all of the relevant information available.

Be aware that spousal support in NOT modifiable if you agreed to terms of spousal support in a property settlement agreement, unless the agreement itself specifies that the spousal support is modifiable. You also need to be aware that spousal support is not modifiable retroactively until you actually file the pleading in the proper court and serve the other party the pleadings.
If you’re paying spousal support in the Commonwealth of Virginia and you suffer any of the following events, you may qualify for a reduction or termination:

• Loss of Job
• Business Downturn
• Catastrophic Illness
• Car Crash
• Reduction in Employment (Reduced hours or position with lesser pay)
• Unexpected increase in expenses
• Reduction in pay scale of more than 10%

Before attempting to file for a modification of spousal support through the Virginia courts, you should consult a qualified and experienced family law lawyer, who’s familiar with Virginia’s case law and applicable statutes.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about the effects of unemployment on spousal support in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.