
When two people are married, they each essentially have an obligation to contribute to the well-being of the marriage. But when a marriage ends, one spouse may still have a duty to care for the other one financially.
Known as spousal support in Virginia (or alimony in other states), this obligation can last for the time a divorce is in process, or for a set period of time after the divorce. A judge decides if a spouse is getting it and how much it will be, and determines if a spouse has done something worthy of denying or ending it.
The Role of Spousal Support in Virginia
In Virginia, spousal support is designed to ensure that both spouses in a divorce are able to maintain a lifestyle reasonably close to the lifestyle the two had during the marriage. But it’s awarded only when the court decides that it’s necessary—such as when a long marriage ends and the two spouses have a significant wage gap or when one spouse has a disability and isn’t able to work.
How Spousal Support Is Set
When divorce proceedings are happening in Virginia, a judge will review the case to see if one spouse qualifies for spousal support. While this has a reputation for being a scenario where the husband pays the wife, a husband can be awarded spousal support if they need it.
To determine if spousal support is necessary, the judge will use several factors. These factors also determine how much the amount will be and how long the payment will be received.
How a Judge Determines Spousal Support in Virginia
- The income, debt, and financial resources for each spouse (including any pension or retirement plans)
- The standard of living during the marriage
- How long the marriage lasted
- The age, physical condition, and mental condition of each spouse
- Non-financial contributions made to the marriage by each spouse
- Any special circumstances with children that require one spouse to be at home instead of working
- How much each spouse contributed to the other’s education and career
- Each spouse’s present and future earning capacity
- How easily each spouse can receive training or education to increase their future earning capacity
In short, the primary determining factors are how much each spouse makes, how much they can make in the future, and how much they contributed to the marriage—both financially and via other means. There’s no formula in play here, the judge uses their own discretion as to what numbers should be.
When Spousal Support Is Denied or Changes
Generally, spousal support in Virginia stops if the person receiving payments gets remarried. There are some exceptions, however, such as if a judge determines the supported spouse will still have an unusual financial burden or if there was a lump sum support payment required.
Spousal support may also end if the payee is cohabitating with someone for a year or more, meaning they have a live-in relationship that’s essentially a marriage. The supporting spouse has to prove that the relationship exists, though, which can be tough. Even still, a judge has discretion as to whether or not they feel support should be terminated.
In terms of denying spousal support from the onset, Virginia laws take into account negative behavior on the part of one spouse that caused the marriage to end. Support will often be denied to a spouse in cases like these.
Why a Judge May Deny Spousal Support
- One spouse is engaged in adultery, which leads to divorce
- One spouse was convicted of a felony and was sentenced to at least one year of imprisonment
- One spouse was either mentally or physically abusive, causing the other spouse to seek divorce
Discuss Your Spousal Support Concerns With a Family Law Attorney
Whether you believe you’ll be on the paying end or the receiving end of spousal support, if you’re getting divorced in Virginia and you have questions, you need to consult with a legal professional to make sure you’re getting treated fairly.
At Coastal Atlantic Law, family law attorney Kristen Alexander helps clients in Chesapeake, Virginia Beach, Portsmouth, Suffolk, Norfolk, Hampton, Newport News, and the surrounding areas with a wide range of spousal support issues. Contact us to discuss how we can be of assistance.