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What is Spousal Support?
In Virginia, payments made to a former spouse for their financial support and maintenance is called “spousal support.”
The amount and duration of support varies widely from case to case depending on the parties’ circumstances. Some factors the court will consider include the following:
- Earning capacity of each spouse
- Opportunity of each spouse to obtain employment
- Employment opportunities available in the spouse’s chosen field and geographic area
- Family decisions regarding each party’s employment
- Standard of living established during the marriage
- Duration of the marriage
- Any special circumstances of the family
- The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home
- Property interests of each party
- Contributions of each party to the family
- Any ground for divorce, specifically whether a party has committed adultery
Any agreements made by the parties regarding support, including prenuptial, postnuptial, or separation agreements - The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party
Your Rights and Obligations Regarding Support
Because spousal support can be such a contentious piece of a divorce case, you should understand your rights and obligations regarding support before entering into any agreement with your spouse.
Any signed agreement can prejudice your case or even eliminate the requirement for support later in the case. Although no lawyer can provide an exact figure on what the court would order, they can provide guidance as far as how each factor might weigh in your case. A Virginia family lawyer can also advise regarding recent court decisions in your area. In some cases, the court may award lifetime spousal support.
When your case begins, you have the option to file a motion to obtain temporary spousal support while the case is pending. In determining temporary support, the court will use guidelines depending on your jurisdiction. Fairfax, Harrisonburg, and Richmond each have their own applicable guidelines.
Other jurisdictions can choose whether to apply local guidelines from other jurisdictions or to focus on the needs of the petitioning spouse in determining support. There can be reasons to deviate from the guidelines, including whether the family has any special or exceptional needs.
