Spousal Support in Virginia
In Virginia, a person who is financially dependent on his/her spouse, is eligible to receive spousal support. The amount of spousal support awarded depends upon the needs of the party seeking it and the ability of the payor to pay.
Where Do I Ask for Spousal Support?
You can file a petition for spousal support in a Juvenile and Domestic Relations District Court or request it as part of your complaint or petition for divorce in the Circuit Court. The amount of spousal support can be agreed upon by the parties via a settlement agreement, or in the absence of a settlement agreement, a Virginia judge can determine the amount of spousal support to be paid, if any, after hearing testimony and viewing evidence during a trial.
How is Spousal Support Calculated by the Virginia Courts?
Pendente Lite Spousal Support
While your spousal support case or a divorce case is pending, the court can award pendente lite spousal support, which means spousal support received while litigation is pending (sometimes known as temporary spousal support). Pendente lite support stays in effect while your case is pending and until a final determination regarding spousal support can be made at the final trial.
If the parties have minor children in common, the presumptive amount of pendente lite spousal support is calculated by taking the difference between 26 percent of the payor spouse’s monthly gross income and 58 percent of the payee spouse’s monthly gross income.
If the parties have no minor children in common, the presumptive amount of pendente lite spousal support is calculated by taking the difference between 27 percent of the payor spouse’s monthly gross income and 50 percent of the payee spouse’s monthly gross income.
The court may deviate from the presumptive amount of spousal support for good cause shown, including any relevant evidence relating to the parties’ current financial circumstances or the impact of any tax exemption and any credits resulting from such exemption that indicates the presumptive amount is inappropriate.
Keep in mind that the above stated formula set forth is only applicable to cases where the parties’ combined monthly gross income does not exceed $10,000.
Spousal Support Determination by the Court at Final Trial
At the trial, when deciding whether to award spousal support and the amount of spousal support, the court takes into consideration evidence as it relates to factors stated in Virginia Code Section 20-107 (E ). These factors include the following:
- The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit-sharing or retirement plans, of whatever nature
- 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, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home
- The contributions, monetary and nonmonetary, of each party to the well-being of the family
- The property interest of the parties, both real and personal, tangible and intangible
- The provisions made with regard to the marital property under § 20-107.3
- The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity
- The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
- The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market
- The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party and
- Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.
- How Long Will I Receive Spousal Support for?
Spousal support, whether ordered by the court or agreed to by the parties, can be paid in periodic (i.e., bi-weekly or monthly) payments for a set duration, such as five years; periodic payments for an unspecified duration; in the form of a lump sum award; or any combination of the above.
Court-ordered spousal support terminates automatically upon the death of either spouse or the remarriage of the spouse receiving support.
Usually, a party is more likely to receive an award of spousal support with no defined duration (spousal support will continue until death of either party or remarriage) if there was a long-term marriage and the party seeking support is nearing or at retirement age, or unable to become sufficiently employed to support themselves.
If the marriage is of short duration or the party seeking divorce is younger, the court may award spousal support for a short and limited duration. This is sometimes referred to as “rehabilitative alimony,” which is awarded in order to allow the party receiving the support some time, opportunity and means to educate themselves or develop skills and experience to become self-sufficient.
In addition to awarding spousal support, or in cases where spousal support is not warranted at the time, the court may grant either or both spouses a reservation to request spousal support in the future.
Can I Be Barred From Receiving Spousal Support?
Spousal support may be barred if the opposing party proof of adultery on the part of the person seeking support. However, there are exceptions to this rule and you should seek the advice of your attorney to determine whether they apply to you.
Spousal support is not barred in Virginia for desertion or cruelty.
Can the Spousal Support Amount Be Changed or Modified in the Future?
If support is awarded by the Court, then either side may later petition for an increase/decrease upon a showing of significant or material change in circumstances.
Further, a payor spouse is permitted to petition the court for termination of spousal support in cases where the recipient spouse has cohabited with another person in a relationship analogous to marriage for a year or more. In the event the recipient spouse remarries, spousal support terminates by operation of law.
Contact Khanna Law if you are in need of a spousal support lawyer. We are here to help listen, guide and represent you.
Written By Priti Khanna
Priti Khanna is the principal attorney and founder of Khanna Law, PLLC. Priti’s primary fields of practice are family law and immigration, and she regularly handles complex litigation related to custody, divorce, child and support matters.