Virginia Alimony & Spousal Support and Maintenance

Spousal support and maintenance in Virginia Separation and Divorce

One of the biggest concerns people have about divorce is their financial circumstances before, during, and after divorce proceedings. This is an understandably important matter and requires an attorney who will give you experienced and straightforward divorce counsel in Virginia. Spousal support or alimony is sometimes an option for parties seeking a divorce. Unlike child support, in which a child has a right to support, spousal support is completely conditional on the specific circumstances at hand.

For more information about alimony or spousal support in Virginia and how the laws apply to your particular case, please reach out to us at Burroughs Law Office, P.C. (dba) Frugal Legal Services, family law attorney Lawren D. Burroughs has extensive divorce representation experience. He will help you get through even the most complex of alimony cases. If you want an attorney who will give you honest and effective alimony advice, contact Burroughs Law Office, P.C. We offer new clients discounted introductory consultations. Our goal is to get to know you as a person and your situation and proceed with the best possible course of action for you - not some cookie-cutter approach.

A basis for alimony-spousal support in Virginia

A common misconception is that fault is an absolute basis for excluding alimony. This is not true. Regardless of a person's actions (such as adultery), alimony depends only upon the relevant factors courts consider. The court will weigh all the factors in deciding whether alimony is merited, how much, and how often. These factors include (§ 20-107.1):

  • The length/duration of the marriage

  • Standard of living established during the marriage

  • The age and physical and mental condition of the parties

  • Special family circumstances

  • Property interests

  • The earning capacity, including the skills, education, and training of each party

  • The present employment opportunities for each party

  • Monetary contributions to the family of each party

  • Tax consequences

These are just some of the many factors the Virginia courts will examine in determining spousal maintenance. We will ensure spousal support is decided fairly and equitably in your divorce.

Pendente lite spousal support in Virginia

Under Virginia law, § 16.1-278.17:1, the court may award pendente lite spousal support. This temporary alimony is awarded to the spouse earning less money until a permanent order is handed down. Alimony pendente lite is determined during preliminary civil proceedings. The statute provides a specific formula used to calculate this temporary support.

Military pensions and alimony-spousal support issues in Virginia

Parties in a divorce where either spouse has a military pension can complicate spousal support issues. We will help you understand how applicable laws may affect your pension and whether this also affects your spousal support.

Modifications of alimony-spousal support in Virginia

Once a divorce decree is entered, not all terms are set in stone forever. Spousal support, child support, and child custody are issues that can be modified in some instances. For example, if one spouse remarries or loses their job, spousal support can be limited to adjust to these new circumstances. If you require a modification in your support order, we can help you seek a post-decree modification.

Contact an experienced Norfolk spousal support attorney. You likely have many questions and even frustrations regarding spousal support issues. Talk to our skilled Virginia Beach alimony attorney today. Contact Burroughs Law Office, P.C. (dba) Frugal Legal Services to arrange an introductory Zoom consultation.