Divorce can be emotionally and financially trying, especially if one spouse is financially dependent on the other. When this happens, spousal support, or alimony, may become an important part of a divorce proceeding.
Whether you are the spouse seeking support or the one ordered to pay it, understanding state laws and what the court looks for in making spousal support determinations can ensure a fairer outcome. At Melone Hatley, P.C., our skilled Reston, Virginia spousal support attorneys understand that alimony can be a very contentious issue. Our experienced team will provide strategies that protect your rights and financial well-being, whether you are seeking or disputing spousal support or want to modify an existing support order. Let us help.
What is Spousal Support (Alimony)?
Spousal support, commonly referred to as alimony, is a court-ordered payment from one spouse to the other during a separation or after divorce. Alimony aims to level the financial playing field between both parties when one spouse has a significantly higher income or earning potential than the other.
Alimony can serve several purposes, such as helping a spouse transition to financial independence, compensating for sacrifices made to the marriage, or maintaining the same standard of living they enjoyed during the marriage. The nature and duration of spousal support payments will depend on a range of factors, such as the length of the marriage, each spouse’s financial situation, and the roles each played in the marriage.
Types of Alimony Available in Virginia
Spousal support is not a one-size-fits-all solution. Courts recognize that every marriage and divorce is unique, and spouses’ financial needs will vary by case. Consequently, different types of spousal support are available to address each couple’s circumstances.
Temporary Support (Pendente Lite)
Temporary alimony, or Pendente Lite, is awarded during the divorce proceedings to help the lower wage-earning spouse maintain financial stability until the final divorce judgment. Temporary spousal support ensures both spouses can cover their basic needs and living expenses while the divorce proceeds. This immediate financial relief prevents either party from being unfairly disadvantaged during this period.
Rehabilitative Spousal Support
Rehabilitative support is awarded to one spouse to allow the recipient to gain additional education, training, or other skills to become financially self-sufficient. This assists the dependent spouse in acquiring skills or credentials to re-enter the workforce or improve their earning potential. For instance, if one spouse left a career to stay home to raise children, rehabilitative support could cover the costs of additional schooling or completing other professional certification programs.
Indefinite Spousal Support
In long-term marriages, the court may order indefinite support if the recipient spouse is unlikely to achieve financial independence due to age, health, or other factors. This type of alimony is typically reserved for cases when one spouse has limited work prospects after being a dependent spouse through decades of marriage or is facing health challenges, making it unlikely that they will become financially independent. This type of alimony continues indefinitely unless it is modified or terminated by the court.
Lump Sum Spousal Support
Instead of periodic payments, the court may order a one-time lump sum payment. Lump sum support can simplify matters when both parties want to avoid ongoing financial ties with each other. It is also often used to balance property distribution, allowing one spouse to retain certain properties or investments while compensating the other with a lump sum payment.
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What Factors Can Influence the Court’s Decisions on Spousal Support Awards
Courts have great discretion when making final spousal support determinations, using many factors when deciding the amount, duration, and type of support that fits the couple’s unique situation.
- Duration of the marriage
Longer marriages are more likely to result in permanent alimony awards, while shorter-term marriages usually result in temporary or rehabilitative support. - Both spouses’ ages and physical condition
Health and age can factor into spouses’ ability to work and the need for support. - The financial needs and resources of both parties
In making its decision, the court will examine both spouses’ incomes, assets, and financial obligations to determine one spouse’s need and the other’s ability to pay. - Contributions made to the marriage
The court will consider non-monetary contributions each spouse made to the marriage, such as child rearing or homemaking. - Education and employment opportunities
The court will evaluate both parties’ education, job skills, and employment opportunities to understand future earning potential. - Standard of living during the marriage
When possible, the court aims to maintain the standard of living enjoyed by both spouses when married. - Potential tax consequences
The court will also consider any tax consequences of an award of spousal support.
These factors provide the court with a framework to determine each party’s need, ability to pay, and circumstances to ensure a financially equitable spousal support arrangement.
Fault-Based Grounds and Their Impact on Spousal Support in Virginia
In Virginia, fault-based grounds for divorce can also impact alimony determinations. Fault-based divorces involve marital misconduct that can affect the court’s spousal support decisions.
- Adultery
If the court rules that one party committed adultery, it can bar that spouse from receiving spousal support, even if their financial situation would otherwise warrant it. - Cruelty or domestic violence
A spouse who has been abusive, either physically or emotionally, may be less likely to receive spousal support. Conversely, the spouse who has been the victim of abuse may be awarded additional support to aid with their transition and recovery. - Desertion and abandonment
When one spouse has willfully deserted or abandoned the other, it can affect any claim to spousal support. The abandoning spouse’s claim may be reduced or denied, whereas the deserted spouse may have a stronger case for receiving support. - Conviction of a felony
A spouse who is convicted of a felony and serving at least one year may be disqualified from receiving spousal support, particularly if their incarceration impacted their ability to contribute to the marriage.
Courts will weigh these factors alongside the standard considerations to ensure that alimony decisions are not only fair but also reflect the conduct that led to the dissolution of the marriage.
Enforcing Spousal Support Orders
While spousal support can be essential for a former spouse to maintain financial stability after a divorce, not all paying spouses meet their obligations willingly. This may require legal enforcement measures. In Virginia, these measures can include:
- Wage garnishment
- Liens against the payer’s property
- Seizure of their tax refunds
- Driver’s license suspensions
- Contempt of court charges
- Jail time
A first step in pursuing enforcement typically begins with filing a Motion for Contempt with the court. This seeks to hold the non-paying spouse accountable for not adhering to the support order. The Division of Child Support Enforcement (DCSE) can also assist in spousal support enforcement, but only if it is combined with child support enforcement. Consulting with an experienced family law attorney will provide strategic guidance, allowing you to understand your options for enforcement and representing your interests.
Can Spousal Support Be Terminated or Modified?
Life rarely remains static after divorce. In Virginia, spousal support modifications or terminations can address the evolving life changes of both parties.
Spousal support can be modified or terminated under the following conditions:
- There has been a material change in circumstances
Significant changes in either party’s financial situation can justify a modification of the spousal support order. - Cohabitation
Spousal support may be terminated if the receiving spouse has been cohabitating with another person in a relationship analogous to a marriage for more than a year. - Remarriage
If the receiving spouse remarries, this usually results in support termination.
Any changes to a spousal support order must be addressed by the court and supported by evidence. If the court approves your request, a new support order will reflect the updated terms. If the court agrees to terminate the spousal support order, future payments are no longer required. However, any payments in arrears or unpaid support accrued before the termination must still be paid in full unless otherwise specified. When pursuing a spousal support modification or termination, it is advisable to consult with a skilled family lawyer to ensure your motion is properly prepared and you are effectively represented in court.
Getting the Legal Assistance of an Experienced Reston Spousal Support Attorney
Experienced legal guidance can be critical when your financial well-being is involved. At Melone Hatley, P.C., we pride ourselves on the skilled legal guidance and partnership our clients deserve during these difficult times. Our experienced Reston, Virginia spousal support attorneys will provide personalized legal strategies tailored to your situation. Call us at (703) 995 – 9900 or contact us online to speak with one of our client services coordinators.
