Spousal support is one of the most important matters you will need to decide when going through a divorce. An experienced spousal support lawyer in Loudoun County will protect your rights during divorce proceedings and will work to ensure that your divorce settlement or order includes terms for spousal support that meet your goals.
At Melone Hatley, P.C., our compassionate yet aggressive team of Loudoun County divorce lawyers will work around the clock to ensure the terms of your spousal support agreement align with your needs and financial situation. Contact us today to schedule a free case evaluation with one of our Client Services Coordinators.
What Is Spousal Support?
Spousal support is the term used for payments made from one former spouse to another after a divorce. Spousal support is awarded to help ensure that the receiving spouse can pay their bills and maintain a lifestyle similar to what they enjoyed while married.
The amount of money paid for spousal support and the duration of payments will depend on various factors. It is also likely your circumstances or those of your former spouse will change over time, necessitating a change to the original spousal support agreement or order. A Loudoun County family lawyer will help you with spousal support proceedings.
How Spousal Support Is Decided
The court will consider several factors when determining a spousal support reward. Some of the things they will take into consideration outline in Virginia Code 20*107.1 include:
- How long you were married
- Your earning capacity
- The earning capacity of your former spouse
- How any period of voluntary unemployment during marriage may have affected either your or your former spouse’s ability to find employment
- The standard of living established during your marriage
- How much you and your former spouse contributed financially to your household during your marriage
- If you or your former spouse contributed to the other party’s attainment of education, training, or employment
- The property interests of both you and your former spouse
- The employment opportunities available based on both your and your former spouse’s chosen field, location, and the economy
- Any special circumstances that apply to your family, including the age and physical and mental health of any children that may affect either party’s ability to seek employment
- If adultery, domestic abuse, or another form of betrayal in your marriage led to your divorce
- If any prenuptial, postnuptial, or separation agreements were signed that outlined the conditions for support
This list is not exhaustive. Other factors can come into play when determining spousal support in your case. An experienced Loudoun County spousal support attorney will review your marriage and separation details to determine if any other factors may affect the spousal support in your divorce agreement or order.
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Your Rights When Seeking Spousal Support
You must understand that any signed agreement between you and your former spouse will come into play when a judge makes a spousal support determination in your case.
While the other case factors may back up your claim for spousal support, if you signed a prenuptial, postnuptial, or separation agreement where you waived the right for support, the court will yield to the terms outlined in the agreement.
At the beginning of the divorce process, you will have the option of filing a motion for temporary spousal, or pendente lite, support until the terms of your divorce have been finalized through a divorce agreement or order.
At Melone Hatley, P.C., our experienced team of Loudoun County spousal support lawyers will ensure you are aware of your rights and help you file for spousal support.
Modifying a Spousal Support Order
Whether the court awarded spousal support on a temporary basis or for life, circumstances could necessitate a change to the original Order terms up to and including support payment termination.
Common factors that could lead a judge to modify a spousal support order include:
- A significant change in income for either party
- Remarriage of the receiving spouse
- A notable change to the needs of either party
A Change in Income
A judge may consider modifying a spousal support agreement or order if you or your former spouse see a change in your income. If the party paying spousal support loses their job or undergoes an involuntary cut to their hours, the court may reduce the amount owed for payments.
Conversely, an increase in income for the paying party may lead to higher payment amounts. This adjustment occurs if the original spousal support did not allow the receiving party to maintain their lifestyle during the marriage.
Meanwhile, if the receiving party’s income changes, payment amounts may be adjusted accordingly. Enough income increases could potentially lead to the termination of support payments altogether.
Remarriage of the Receiving Spouse
The most common circumstantial change leading to the termination of spousal support payments is when the receiving party remarries. Income from the new spouse may offset the amount being paid in spousal support, leading a judge to discontinue the spousal support agreement or order.
Even if spousal support payments are not stopped altogether in this situation, they will likely be reduced.
A Change to Needs
Significant changes to either party’s needs can also lead a judge to change the amount of spousal support payments. Medical costs related to health issues of the party receiving spousal support could increase spousal support payments.
Alternatively, if the paying party incurs these costs, the judge may order smaller payments.
Get Help from an Experienced Spousal Support Attorney Serving Loudoun County Today
Even if you and your former spouse are on the same page regarding spousal support and the amount that should be awarded, you must hire an experienced lawyer to protect your interests and help you through the process of getting your support agreement finalized.
The team at Melone Hatley, P.C., will ensure you understand every aspect of your spousal agreement or order so there are no surprises in the future. Contact us today by phone or through this website to set up your free initial case review with a member of our staff.
