President Trump signed the new tax reform bill December 22, 2017. Among the many changes to tax law, the final bill eliminated the tax deduction for spousal support or alimony payments. In the Commonwealth of Virginia, alimony, the legal obligation imposed on a person to provide financial support to their spouse after marital separation or …
Division of Property: Yours, Mine, or Commingled?
In Virginia, a married couple’s assets and property are generally divided into two categories: marital (also referred to as joint property) separate property Marital property is property and income that is acquired or received during a marriage by either spouse, regardless of whose name is on the title. This includes earnings, retirement contributions, homes, cars, …
Choosing the Right Divorce Lawyer
After a lot of soul searching, you’ve decided it’s time to file for divorce. Now you have another big decision on your hands, choosing the right divorce attorney. This decision will likely be one of the most important in your life. Therefore, you need an effective plan to follow in order to select the right attorney …
Why To Revise Your Estate Plan After Divorce
Your divorce is final, assets have been divided, child support, custody, and spousal support have been determined, and you’re ready to move forward with your life. But you’re not quite done yet. The final step in your divorce is an appointment with your estate planning attorney. The estate plan you created with your ex-spouse during your marriage …
Probate: The What, When, Where, Why and How of Probate
We’ve all heard the term probate, or that a will has to go through probate. But, what exactly does the term mean, what is involved once probate begins, and how does it affect beneficiaries? Probate is the official way that an estate gets settled under the supervision of the court. In the Commonwealth of Virginia, …
Do I Have To Pay Spousal Support?
Spousal support can be a major aspect of divorce cases in Virginia. The court may order temporary support while the case is pending and may order time-limited or even permanent spousal support at the end of the case. Spousal support, also known as alimony or maintenance in other states, is not to be confused with child …
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Divorced Spouse Gets to Keep Ill-Gotten OPM Benefits
Keep the Money, and Run! In a recent case, the Virginia Supreme Court allowed a divorced wife to keep almost $63,000 worth of survivor benefits wrongfully paid to her by OPM. Read more. Read the opinion here: Emond v. Office of Personnel Management (CAFC No. 2016-1227 (nonprecedential), 4/8/16
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Child Support and Imputation of Income
What happens to child support when one parent switches careers or quits their job? Guideline Child Support Every parent has a duty to support their children, whether or not they are employed. When parents divorce or separate, one or both may petition the court for child support. The court will order both parents to provide …
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Spousal Support in Virginia Guide
Spousal support is a form of monetary support paid to the more financially dependent spouse and is based on a number of factors, including length of the marriage and financial ability of each party. The terms “spousal support” and “alimony” (also “maintenance”) are generally used interchangeably. While the court may or may not award spousal …