Understanding Spousal Support in Virginia
Under Virginia law, spousal support aims to lessen economic disparities between spouses following a divorce, ensuring both parties maintain a reasonable standard of living. The statute governing spousal support is § 20-107.1 of the Code of Virginia, which outlines the factors that courts look at when granting and awarding spousal support.
Determining Spousal Support in Virginia
Courts look at several factors before awarding spousal support. These factors, encompassing both economic and non-economic considerations, include the obligations, needs, and financial resources of the parties; the standard of living established during the marriage; and the duration of the marriage. The age, physical, and mental condition of the parties will also influence the court.
An essential consideration is the ability of the paying spouse to meet the spousal support Virginia imposes. The court evaluates not only the ability of one spouse to pay but also the ability of the other spouse to secure gainful employment. Virginia’s legal framework is designed to foster self-sufficiency in the supported spouse whenever feasible.
Types and Duration of Spousal Support
Virginia law recognizes several forms of spousal support, ranging from temporary and rehabilitative to permanent alimony. Temporary spousal support, often awarded during the pendency of divorce proceedings, is designed to provide support until a final determination is made. Rehabilitative support may be ordered to enable a spouse to acquire education or training to become self-sufficient.
Permanent spousal support may be awarded in cases involving long-term marriages where significant financial disparities exist. However, even in circumstances where permanent alimony is ordered, Virginia courts retain jurisdiction to modify support orders in response to changing circumstances. The term “permanent” does not imply an unchangeable order; it merely reflects the support’s potential duration.
Modification and Termination of Spousal Support
Virginia law allows for the modification or termination of spousal support orders under certain conditions. Either party can request a modification if there is a material change in circumstances. This might include a significant change in income, employment status, or financial needs. Importantly, any agreement entered into by the parties regarding spousal support can specify circumstances under which support will terminate or be modified, and the court will typically enforce such agreements unless proven unconscionable.
Termination of spousal support in Virginia can also occur upon the remarriage or cohabitation of the recipient spouse. Under Virginia Code § 20-109(A), support ceases upon the remarriage of the supported spouse. Cohabitation, when it resembles a marital relationship, may also trigger termination. However, the payor spouse must petition the court for termination; support does not automatically cease without a court order.
Conclusion
In Virginia, the concept of spousal support is complex, governed by a detailed statutory framework that seeks to balance fairness and equity. For tailored advice and an in-depth exploration of your legal rights and obligations, please feel free to contact the divorce and custody lawyers at Advocate Law, PLLC. We can review your case and outline a plan of action to protect your rights.