Monday, September 3, 2012

Spousal Support – Does It Affect Your Divorce?

By James Garrett
 
Spousal support, maintenance, alimony – all of these terms are interchangeable and mean the same thing: money you are entitled to receive from or pay to your ex-spouse. Spousal support in Virginia is determined by the court considering factors established by Virginia law.

Except in cases of adultery, where the offending party is specifically denied any right to spousal support, either party may ask for and be awarded spousal support. Support is generally based on the particular needs of the requesting party, ability of that party to support themselves, and individual sacrifices that party made to the benefit of the other.

For example, if a couple decided that one party would work, and sacrifice their own advancement, in order to put the other through college for the joint benefit of the couple, the law considers that both parties should be rewarded for that benefit. Also, if one party remained unemployed through their “peak earning years” to raise the family, divorce should not then leave them unable to maintain a standard of living established by the marriage.

If you are contemplating divorce in Virginia Beach, please contact Garrett Law Group, PLC to discuss your options. Our Virginia Beach divorce lawyers will speak with you about your financial situation and weigh all of the appropriate factors governing spousal support to give you sound legal advice. (757) 422-0195.

6 comments:

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  2. This is well written. A friend of mind is going through a divorce, and I will be sure to send him to this blog. As someone who has been divorced myself, I want to stress that your readers don't forget about their taxes. I made that mistake, and I ended up needing IRS tax help. It was stressful, and I wish I had consulted with an accountant or lawyer prior to filing my taxes.

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  6. Regardless of gender, either party may request and be granted spousal support. Alimony may be ordered on a temporary basis, pending trial, as well as for a longer period after entry of the Decree of Divorce.
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