If you’re contemplating divorce from your spouse, you might be curious about how spousal support (also known as alimony) works in Virginia. In this guide, we’ll be examining the factors as to why and how spouses receive spousal support arrangements after a divorce.
As nothing in Virginia law says there is a guarantee to receive spousal support, knowing what can impact a spousal support arrangement can help you understand your options in light of your divorce.
And if you have any questions about spousal support, our team of Manassas spousal support lawyers can answer them. Call (703) 755-7343 to schedule a consultation today.
Does Length of the Marriage Affect Spousal Support?
While the length of a marriage can affect spousal support, it’s not the determining factor. While people often think a long marriage automatically means spousal support will be awarded (and possibly in larger amounts), that’s only part of the story. Spending decades together is only one factor in calculating spousal support.
Whether your marriage lasted 30 years or just one, other factors can carry even more weight. Financial independence, earning potential, and how you lived during the marriage all matter just as much, if not more. So yes, length matters, but it’s just one component of determining alimony.
If Marriage Length Isn’t The Most Important Factor, What Is?
Some of the critical pieces of a spousal support arrangement are related to finances, earning capacity, personal circumstances, and family circumstances.
Understandably, financial considerations are a significant part of spousal support determination, such as whether an individual earns much less money than their spouse, has debts, or has underemployment issues.
Here’s a list of all the factors that can impact whether spousal support is awarded or not, summarized from §20-107.1 of the Virginia Code.
Financial Contributions and Division
- Assets and debts of each party.
- Division of marital property.
- Legal provisions regarding shared marital property.
- Financial contributions to the other party’s education or career.
- Non-monetary contributions to the family unit.
Earning Capacity and Financial Status
- Earning capacity, skills, and employment opportunities of each party.
- Financial resources and obligations of each party.
- The ability of the ex-spouse to pay alimony.
- Standards of living during the marriage.
- Tax consequences.
Personal Circumstances
- Age differences between the parties.
- Physical and mental condition of each party.
- Real estate property ownership.
- Retirement plans and pensions.
- Need and opportunity for further education.
Family Dynamics
- Custody arrangements and related financial impact.
- Duration of the marriage.
- Grounds for divorce.
- Factors contributing to the dissolution of the marriage.
What Type of Evidence Do I Need In a Spousal Support Case?
Your Manassas family law attorneys will likely present your and your spouse’s earnings to a judge, along with both individuals’ earning capabilities. Additionally, each spouse’s bills and financial obligations will be presented to paint a whole financial picture.
Can Spousal Support Be Revoked?
Yes, there are conditions where a spouse’s support award is terminated, as dedicated by VA Code Section 20.109(D):
- Death of Either Party
- Remarriage of the Recipient of the Spousal Support
- One year or more of cohabitation of the recipient with another person in a committed relationship
We Can Help With Your Spousal Support Case
If you have a question regarding a spousal support case, let the Collins Family Law team help you. Contact us today.