Many factors will be considered when a judge decides on your spousal support in Virginia. Virginia Code § 20–107.1 outlines what the court will consider when making a ruling regarding spousal support.
When going through a divorce, an experienced Virginia spousal support lawyer can help you fully understand how these cases are handled. Your attorney will work to build a case where your interests are represented and put you in the best position to secure an outcome that aligns with your goals.
Factors the Court Will Consider When Making a Ruling on Spousal Support in Virginia
Being aware of all the factors the court will consider when making a ruling regarding alimony is critical in helping you prepare all the information you will need to present to ensure your interests are respected. Some of the main details that will influence the court’s decision include:
- The length of your marriage
- Your earning capacity
- Your spouse’s earning capacity
- The standard of living you and your spouse were accustomed to during your marriage
- The financial contributions made by both you and your spouse to your household throughout your marriage
- Any contributions you or your spouse made to help the other party attain education, training, or employment
- The effect that any period of voluntary unemployment during your marriage may have had on the ability to find employment by either you or your spouse
- The available opportunities for employment for you and your spouse based on your chosen fields, location, and the economy
- Any property interests held by you or your spouse
- Any special considerations that apply in your case, including the age and physical and mental health of your children if that could affect your ability to seek employment
- If domestic abuse, adultery, or any other misconduct in your marriage was the cause of your divorce
- If you signed any prenuptial, postnuptial, or separation agreements that outlined the conditions for spousal support
It’s important to understand that this list is far from exhaustive. A variety of other factors could influence the court’s decision based on the specific details of your case.
An experienced Virginia divorce lawyer can help you determine whether any other details will likely affect the court’s decision and help you prepare your case to ensure a favorable outcome.
Schedule your free meeting with our team today to see if our Lawyers can help you.
Changes that Can Lead to the Modification of a Spousal Support Order
Any time after a spousal support order has gone into effect, there is the possibility of modifying the original order if circumstances dictate a change. There are a variety of reasons a judge may decide to grant a modification.
Changes to Income
The court may modify a spousal support order or agreement if there is a substantial change to your or your former spouse’s income. When the party paying spousal support loses their employment or sees an involuntary cutback to their hours at work, a judge may reduce the amount they have to pay.
Meanwhile, any increase in income for the party paying support can increase the payment amount. However, this will only occur if the original support order was below what was needed for the receiving party to maintain the lifestyle they were accustomed to while married.
At the same time, changes to the income of the party receiving compensation can cause a modification. If the receiving party’s income increases significantly, the court may terminate support payments entirely.
Material Change in Circumstances
A key term for modifications is “material change in circumstances,” which means the change must be significant and not anticipated at the time of the original order.
This can include changes in employment status, health issues, or retirement.
The Receiving Spouse Remarries
The most common reason a judge will terminate a spousal support order is if the spouse receiving payments remarries.
Changing Financial Needs
If either party experiences a significant change to their financial needs a judge may choose to modify spousal support. Medical expenses arising from any health issues by either party can lead to a modification.
Temporary or Permanent Spousal Support
Determining whether spousal support will be permanent or temporary will largely depend on the length of the marriage. In most cases, temporary spousal support will be awarded, with a direct correlation between the length of the marriage and the length of support.
Permanent support will likely only be awarded if you have been married for a very long time. Despite the name, permanent spousal support can still be modified or terminated if the circumstances of your situation change significantly.
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An Experienced Attorney in Virginia Can Help Determine How Spousal Support Will Likely Be Handled in Your Case
While it is impossible to know for certain how the judge handling your case will rule on spousal support, an experienced Virginia Family Lawyer can assess the details of your case and provide you with a picture of the most likely outcome. At Melone Hatley, P.C., we will work as your partners to help ensure an outcome that aligns with your goals.
Contact us by phone or through our website to schedule a free case consultation with a member of our legal team today.
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