If you are going through a divorce and worrying about supporting yourself after it is emotionally draining. Thankfully, a Richmond spousal support lawyer from Melone Hatley, P.C., will help. Both temporary spousal support awarded during the proceedings (pendente lite) and long-term support decided upon in the final judgments aim to stabilize parties based on need and ability to earn income.
However, not all spousal support petitions result in awards, as certain factors may disqualify you from receiving any support. Proper evidence to strengthen your claim of financial need and a showing of good faith efforts can help.
Preparation and presentation of supporting facts are crucial in legal matters, and that is where a Richmond divorce lawyer comes in. Contact us today for a free consultation with our client service coordinators.
Spousal Support Determination and Pendente Lite Support
When determining spousal support, Virginia courts consider a variety of factors to ensure the arrangement is equitable.
The length of your marriage is a primary consideration, as longer marriages typically lead to longer support obligations. Financial resources and earning capacities of both you and your spouse are closely examined, including your incomes, assets, and debts. The federal tax consequences associated with the monetary award are also considered.
Additional factors include the standard of living established during your marriage and the roles each of you played in achieving that standard. For example, if one spouse financially supported the family while the other pursued education or training, this will be taken into account.
Your ages, physical and mental conditions, and their impacts on earning potential are also evaluated. While fault in causing the divorce may influence the decision, the primary considerations are your needs and ability to pay, which may also prompt modifications to the support order if significant changes occur.
Understanding Pendente Lite Spousal Support
A Richmond family lawyer from Melone Hatley, P.C., can provide the necessary guidance and representation to navigate complex considerations effectively.
During the divorce proceedings, pendente lite, or temporary spousal support, is calculated using a specific formula based on your and your spouse’s combined monthly income. Virginia law states that if this income is $10,000 or less, the support amount is determined by the difference between percentages of each spouse’s income, adjusted for the presence of minor children.
These temporary support formulas are designed to provide interim relief but can be adjusted by the court for good cause.
These pendente lite awards are just the beginning, as they provide short-term relief while the final spousal support terms are being determined post-divorce. This comprehensive evaluation by the courts ensures that the final support reflects a fair and sustainable financial arrangement for both parties, taking into account all contributing factors and the circumstances of your marriage.
Although these determinations are supposed to only be temporary; the court will rely on these awards as evidence of what can be afforded after divorce. So, it is very important to ensure that you fight to get the best amount possible for your situation.
Factors that May Disqualify You
Courts can deny spousal support requests outright in certain situations at their discretion. When your lawyer looks at your case, they can help you determine the potential of your outcome. Some of the factors that typically may disqualify someone from receiving spousal support are the following:
- Adultery by the petitioning spouse
- Active drug or alcohol abuse impeding employment
- No plausible financial need due to existing means
- Higher earnings by petitioner during marriage
- Financial independence of petitioner
- Domestic abuse patterns affecting judgment
Another reason for rejection involves situations where no plausible need exists; for example, if the petitioning spouse is already financially independent, earned more income during the marriage, or has ample means after divorce.
Ultimately, judges want to see petitioners making good-faith efforts to achieve self-sufficiency after divorce. While outright denial is rare, courts can reduce awards if the payer has limited means, the marriage was brief, or the petitioner bears responsibility for failure.
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Evidence that May Strengthen Your Case
Providing evidence of an inability to maintain previous marital living standards without assistance may highlight your need. Tax returns, bank statements, budgets, and other financial records can back up your claims.
Medical records verifying health conditions impacting employment or earnings may add support to your claim to show you cannot currently make it on your own.
Another beneficial element involves evidence of good faith efforts to become self-sufficient after the divorce. Enrollment in career training programs, school transcripts, job search details, and proof of interviews can show diligent attempts to gain skills and employment.
Records confirming counseling or treatment participation demonstrate personal initiative in overcoming barriers that may have otherwise been holding you back.
Witness accounts from employers, counselors, career services staff, and others provide outside validation regarding needs and personal situations. In many cases, skillful legal practitioners know how to gather and effectively incorporate such evidence into well-prepared and compelling cases advocating for fair support arrangements.
As with any legal proceeding, solid documentation and evidence by your spousal support lawyer in Richmond can provide the foundation for strong claims.
Work with a Richmond Spousal Support Attorney
Going through a divorce and seeking spousal support can be overwhelming. Having an attorney on your side makes all the difference. Our team at Melone Hatley, P.C., understands the complex legal and financial factors at play and knows how to argue your case effectively.
You don’t need to figure out what your next step should be alone. A lawyer can guide you through the next phase and help you understand the legal jargon. Contact us for a free consultation for peace of mind on your future.
