Decades ago, when a Virginia couple sought a divorce, there was a foregone conclusion that one of the parties—usually the husband—was going to have to pay alimony or spousal support. While spousal support is no longer ordered in all cases, there are still many circumstances where one party is ordered by the Virginia courts to continue to support the other after the divorce.

In Virginia, the calculation of alimony depends on so many components—including some discretion on the part of the judge—that it would be safe to say that no two spousal support arrangements are alike. The following are some of the factors and concepts that the Virginia family law courts consider when determining whether or not spousal support is to be paid and in what amount:

The Needs, Obligations, and Income of the Divorcing Parties – This includes an analysis of all sources of income, debts, and future requirements of both the supporting person and the alimony recipient.

The Duration of the Marriage– Judges consider the finances of people who have been married for a longer duration to be more intertwined.

Standard of Living – The Virginia courts are not inclined to allow one of the divorcing parties to suffer a substantial decrease in the standard of living if it’s avoidable.

Age, Mental Well-Being, and Physical Condition of the Divorcing Parties – Any sort of infirmity or condition that affects a spouse’s ability to care for himself or herself has to be weighed in measuring the amount of support that will be given.

Past Contributions – What has each party contributed to the well-being of the family? This could be financial or non-monetary. This can also include support that one partner gave to the other while he or she was attaining certain degrees or training. For example, a husband who supported a wife while she attended medical school to become a doctor, may later be entitled to support if the parties later divorce.

Property Considerations – Sometimes the courts will recognize assets as belonging primarily to one spouse or the other. These properties are sometimes weighed in the calculation of alimony.

Earning Capacity – Judges will often examine the ability of the spouse who is seeking alimony to seek gainful employment based on their skills and experience.

Rehabilitative Alimony – Awarded on a temporary basis. This is support that allows the dependent party the time to retrain or develop new skills to earn a living in the current job market.

Reason for the Divorce – The Virginia courts may determine that the marriage failed as a result of the behavior of one of the spouses. In these cases, spousal support may be ordered. If you are found guilty of adultery, spousal support is prohibited.

Spousal support can be awarded on a temporary basis or a permanent one. In Virginia, spousal support that’s awarded on a permanent basis usually terminates upon the death or either party or the re-marriage of the party receiving the support.

If you are seeking spousal support in the Commonwealth of Virginia, you should consult a qualified, reputable family law attorney.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about how to calculate alimony or the division of marital property? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.