When going through a divorce, spousal support will frequently be one of the most contentious aspects of your case. Virginia courts aim to make alimony decisions equitable based on state laws; however, both the spouse paying the support and the spouse receiving the support rarely believe the amount is fair. In order to ensure you are not taken advantage of, a Fairfax spousal support lawyer can help you figure out what amount is appropriate.
When deciding spousal support awards, Judges will look to Several factors to help determine an appropriate amount. Awards should balance ongoing living standard needs and long-term rehabilitation goals so both parties can ultimately thrive financially post-divorce. A Fairfax divorce lawyer at Melone Hatley, P.C., can help you present your case.
Two Types of Alimony in Virginia
Virginia recognizes two main types of spousal support: permanent alimony and rehabilitative or temporary alimony.
Permanent alimony provides ongoing financial support with no pre-set termination date. It is typically awarded in long-term marriages where factors make it unlikely one spouse can become fully self-supporting. Although the duration may be for a very long time, it does not mean the amount of support will always stay the same.
Rehabilitative or Temporary alimony is provided for a predetermined period. Its goal is to financially assist the receiving spouse in becoming self-supporting by developing skills or education necessary for employment.
Courts determine alimony awards based on both parties’ financial needs and means. The key factors are income and expenses, earning capacity, education, and job skills. Health issues and ages of the parties that may impact employability are also considered. An alimony award amount is intended to maintain the financial status quo for both parties; but may ultimately feel like a punishment
To terminate permanent alimony in Virginia, you must prove a substantial and material change in circumstances from the time of the entry of your divorce order. This high standard helps provide needed support so the receiving spouse does not endure serious financial hardship.
However, proof of changes like retirement, job loss, or disability may support a spousal support modification, which a Fairfax family lawyer will guide you through.
Factors Influencing Spousal Support Decisions in Fairfax, VA
When determining whether you or your spouse should pay alimony and the amount, Virginia courts consider a variety of factors pursuant to Virginia Code 20-107.1. These factors include:
- Length of your marriage: Longer marriages often result in more substantial alimony awards.
- Financial means and needs: This includes both your current income and your potential to earn income in the future.
- Education and employment histories: Courts look at your educational backgrounds and career paths, including any sacrifices one spouse made for the other’s career or for the family.
- Health issues or disabilities: Any physical or mental health issues that affect earning capacity can influence alimony decisions.
- Ages: Older spouses may receive more favorable alimony considerations due to limited employment prospects.
- Contributions to the marriage: This includes financial contributions and non-financial contributions like homemaking and childrearing.
- Standard of living during the marriage: Courts try to ensure that the lower-earning spouse can maintain a lifestyle close to what was established during the marriage.
How Fault and Financial Needs Influence Alimony Decisions
Fault in causing the divorce, such as adultery or abandonment, will be considered by the court when determining an appropriate amount of spousal support. If the spouse who would receive the support is found guilty of adultery, it can be a bar to receiving any support. If the spouse who is to pay support is found to have committed any misconduct, it could lead to a higher alimony award for the other spouse.
Alimony is designed to balance the financial interests of both parties post-divorce, helping the lower-earning spouse transition financially and maintain a standard of living similar to the marital lifestyle.
Your ability to become self-supporting within a reasonable timeframe is also a critical factor, especially when considering permanent alimony, which supports spouses with limited prospects for significant income.
Understanding these factors can help you anticipate the potential outcomes of your alimony case and prepare effectively with your attorney. If you face a significant change in circumstances or need to address financial inequities, a skilled Fairfax, VA, spousal support lawyer can guide you through the process to achieve a fair resolution.
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Tax Consequences of Spousal Support
Under the Tax Cuts and Jobs Act of 2017, the tax implications for alimony payments have shifted significantly for divorces finalized after Dec. 31, 2018. For these agreements, alimony payments are no longer deductible by the payer, nor are they considered taxable income for the recipient.
This change removes the tax liability that was previously applied to the support recipient and the deduction for the payer.
If your divorce order or separation agreement was executed before Jan. 1, 2019, the previous tax rules may apply. In these cases, alimony is taxable income for the recipient and tax-deductible for the payer.
Whether you are paying or receiving alimony, you should be familiar with which set of tax rules applies to your situation based on when your divorce agreement is finalized. A Fairfax spousal support attorney can provide guidance on how these rules impact your situation.
Modification of Spousal Support
Changing spousal support orders in Virginia can be challenging. You must show that there has been a substantial and material change in your financial circumstances from when the court first made its order. Small financial or status shifts usually do not clear this standard, and what counts is proving you can’t maintain anything close to your prior lifestyle.
Changes like a disability, retirement, losing a job, or other income drops beyond your control may justify modifications. Awards could go up or down depending on the new realities for you and your former spouse.
If you voluntarily reduce your work hours in anticipation of retirement, do not expect this decision to change the terms of established support payments automatically. Courts typically aim to uphold the original expectations set by the support agreement especially if there is a finding that the financial change is due to your actions. You and your former spouse can still attempt to file for modifications if a significant life change drastically alters the situation post-divorce.
However, you’ll need thorough documentation of the changed circumstances along with detailed calculations of new budgets. Even with this, any revised terms may only affect support temporarily or for future payments, not retroactively.
If you believe that you may be able to modify your support, you should speak with a Fairfax Spousal Support attorney as soon as possible. The court is only able to modify your support from the date of filing, so the sooner you file, the better.
Work with a Fairfax Spousal Support Attorney from Melone Hatley, P.C.
Understanding spousal support can be challenging for both parties in a divorce. By working with a lawyer from Melone Hatley, P.C., you receive the guidance necessary to manage these issues effectively.
Our experienced attorneys are dedicated to advocating for your best interests and striving to secure a favorable resolution for your spousal support case. Contact us today to schedule a consultation with one of our Client Services Coordinators. Make sure you have the comprehensive legal support you need for your alimony case.
