Alimony and Spousal Support Attorney in Virginia Beach

Going through a divorce can be incredibly challenging, both emotionally and financially. In addition to worrying about things like how often you will get to see your kids and potentially having to move out of your house, you may also be wondering how you will be able to support yourself. In this situation, you may consider requesting alimony (spousal support).

In Virginia, judges can award temporary support while the divorce is pending. Once the divorce is finalized, they may award rehabilitative or permanent alimony if one spouse requires financial support. Judges will consider factors such as each spouse’s earning capacity and whether there was any wrongdoing in deciding whether to award alimony.

At Poole Brooke Plumlee, we represent individuals in Virginia family law matters. We offer compassionate, skilled legal representation that is designed to protect our clients’ rights. Reach out to our law firm today to schedule a consultation with a Virginia Beach divorce lawyer.

Is Spousal Support Available in Virginia?

Spousal support or alimony is a payment that one spouse makes to the other during and potentially after a divorce. The goal of spousal support is to make sure that both spouses can support themselves and maintain a lifestyle that is as close to the lifestyle that they lived when married as possible.

In Virginia, judges may award three types of spousal maintenance:

Temporary support may be awarded after the divorce petition is filed but before the divorce is finalized. The purpose of temporary spousal support is to make sure that the requesting spouse can support themselves while waiting for the divorce to be finalized. The general goal of a temporary order (often called pendente lite order) is to maintain the status quo.
Rehabilitative support may be awarded as part of a divorce decree. This type of alimony is not meant to last forever. Instead, it is a way to provide the requesting spouse with the time and money necessary to get the necessary education or job training to find employment and be financially independent. It is often awarded in cases where one spouse left the workforce to support the other’s career or to raise their children.
Permanent support may be awarded in a divorce in situations where the requesting spouse cannot become financially independent. This is often due to age, disability, or an extended absence from the job market. Even permanent support may end at some point in time if there is a material change in circumstances that makes spousal support unnecessary, and the parties have not signed a contract that prohibits terminating spousal support.

Spousal maintenance is not automatically awarded in a Virginia divorce. Judges will consider many factors when deciding whether to award rehabilitative or permanent support after divorce. This includes:

Each spouse’s obligations, needs, and financial resources;
The marital standard of living;
The length of the marriage;
Each spouse’s age and physical and mental conditions;
The extent to which age, physical or mental condition, or special circumstances of a child would make it difficult for the supported spouse to work outside the home;
Each spouse’s contributions, monetary and nonmonetary, to the well-being of the family;
Property interests of each spouse, including real and personal property;
The marital property distribution during the divorce;
Each spouse’s earning capacity;
The supported spouse’s opportunity and ability, the cost and time necessary, to acquire education or job skills necessary to find employment;
If the spouses agreed, during the marriage, that the supported spouse would leave a career to further the family interests, whether the decision impacted the supported spouse’s future income earning potential and the length of time away from the job market;
Whether either spouse contributed to the other’s education, training, or career profession;
Tax consequences of support to both spouses; and
Any other factor the court finds relevant to the support case.

When it comes to determining the amount of temporary spousal support to award before a divorce is finalized, a formula is used when the combined income of the parties is less than $10,000 a month. The formula is different depending on whether the parties have minor children or not.

Virginia has both fault and no-fault divorce, which can play a role in both property division and alimony. A no-fault divorce requires a couple to live separately for a period of 12 months (or 6 months if there is a complete separation agreement and no minor children).. In a fault divorce, one partner must prove that their spouse did something wrong – such as adultery, cruelty, desertion, or a felony conviction resulting in a year or more of prison time.

Virginia courts will consider whether either spouse committed marital misconduct during the marriage. For example, if the requesting spouse committed adultery, then the court usually will deny alimony. An exception exists if the denial of support would result in a “manifest injustice” to the spouse requesting support. A “manifest injustice” would likely be present if the cheating spouse has no ability to support themselves and would become dependent on the government without alimony.

Courts also consider marital misconduct in Virginia alimony decisions when it comes to the paying spouse. If your ex committed adultery or committed acts of physical violence toward you, then a court may take this into consideration along with many other factors when determining the amount and duration of spousal support. However, alimony is not meant to be a punishment for marital misconduct.

For example, consider a situation where a husband and wife have been married for 30 years. The wife worked while the husband attended college and graduate school and then stayed home with their kids while he built his career. She files for divorce after discovering that he has been having a long-term affair. In this situation, the wife would probably be entitled to alimony without the cheating – and the fact of the adultery could lead to a bigger award.

If you change the facts a bit and it was the wife who cheated, the husband still likely wouldn’t be entitled to alimony. However, a court may consider the wife’s adultery in deciding whether or not to award the wife alimony.

For many divorcing couples, the right to alimony isn’t always clear. If you are contemplating divorce, our Virginia Beach divorce attorneys can help you determine if you might be entitled to alimony – or if you might be required to pay spousal support to your soon-to-be ex.

Requesting Spousal Support in a Virginia Beach Divorce

If you are getting divorced, you might be concerned about your ability to support yourself while the divorce is in process and after it is finalized. This is often a worry in cases where one spouse was the primary earner while the other spouse either worked less or did not work to stay home and take care of the house and/or kids.

It is possible to request spousal maintenance if you need financial support during or after a divorce. Generally, you may be entitled to spousal support if you won’t be able to financially support yourself without these payments. In most cases, you will be awarded temporary support while the divorce is pending and rehabilitative support after the divorce is final (to give you time to become financially independent).

As noted above, Virginia courts will consider several factors when deciding whether or not to award alimony in a divorce. For example, if you were married for 25 years and made a lot of sacrifices in your own career so that your spouse could become successful in their career, you stand a greater chance of getting alimony. If you were married for just a few years and earned roughly the same amount of money, then it is less likely that you would get alimony.

Virginia courts don’t use a formula to determine the amount of spousal support to be paid after the finalization of the divorce. Instead, they will evaluate a set of statutory factors to decide the proper amount of support. Couples can also agree to spousal maintenance in a prenuptial or postnuptial agreement, or through a settlement agreement that is presented to the judge to sign as part of a divorce. In such case, the terms of the agreement will control.

Spousal support may be paid in different ways. Judges have the discretion to order monthly payments or a lump sum payment. In situations where you might be worried about your ex paying, your Virginia Beach alimony lawyer can ask for an income deduction order. With this type of order in place, your alimony will be deducted from your ex’s paycheck and paid to you.

If awarded, temporary alimony will end once the divorce is finalized. Rehabilitative support is usually meant to be paid for a limited amount of time. A court may set a specific date for rehabilitative support to end. Permanent spousal support continues indefinitely subject to a material change in circumstance.

Importantly, any type of spousal support will end if you get remarried and may end if you live with a romantic partner (cohabit) for a year or more. It will also terminate if either spouse passes away. If you are awarded spousal support as part of your divorce, you should carefully consider whether it makes financial sense to get remarried or to move in with a partner.

Either party can seek to have spousal maintenance modified after it is awarded by a court, unless they sign a written agreement that prevents modification. Typically, a judge will only grant such a request if you can prove that there has been a material change of circumstances that neither party anticipated when the original order was issued. When either spouse reaches retirement age, this may constitute a change in circumstance that merits modification of the spousal support award.

Spousal support isn’t always necessary or appropriate. However, if you believe that you won’t be able to financially support yourself during or after a divorce, it is probably a good idea to ask for alimony. This is particularly true in cases where you may have given up your professional aspirations to support your ex and/or your family.

Contemplating a Divorce? Contact Poole Brooke Plumlee Today.

Getting divorced is never easy for anyone. When financial issues are at play, it can be even more complicated. In Virginia, if you require financial support from your ex, you might be awarded alimony – both during the divorce and for a period of time after the divorce is finalized.

Based in Virginia Beach, Poole Brooke Plumlee advocates for clients who are navigating the divorce process. We take a proactive approach to family law, analyzing the options for resolving a case that leads to the best outcome for our clients. To learn more or to schedule a consultation with a Virginia Beach alimony attorney, give us a call at 757-499-1841 or fill out our online contact form.