Spousal support, or “alimony” or “spousal maintenance” as it is often called (all three terms refer to the same thing), is often one of the most significant – if not the most significant – financial issue that both spouses in a Virginia divorce action will face, especially when there are limited property holdings and a notable difference in the monthly incomes of both spouses. When ordered by a court, spousal support can be awarded in the thousands of dollars per month, and in some cases, be ordered indefinitely.
Many misconceptions abound about the availability, amount, and duration of spousal support in Virginia. Both spouses – whether potentially the paying spouse or the receiving spouse (note that both men and women can receive spousal support) – should obtain experienced family law counsel regarding their obligations and rights regarding spousal support under the law. At Kurylo Gold & Josey, PLC in Fredericksburg, our experienced Virginia family law attorneys represent spouses who are seeking spousal support through a court order or settlement agreement as well as spouses responding to spousal support requests, providing them with guidance and counsel in obtaining the best outcome to meet their needs.
As with most issues in a divorce, the spouses themselves are free to reach a settlement agreement on their own terms which provide for spousal support, including the potential to waive both spouses’ rights to support, and a Virginia judge can approve and order the agreed-upon spousal support amount as part of the final divorce order.
Our family law attorneys can work with you to assess your needs and finances as well as those of your spouse’s to determine and negotiate a fair spousal support monthly amount and duration, and work towards a settlement agreement to that effect.
When spouses cannot agree on a spousal support amount and/or duration, the judge overseeing the case will determine the spousal support award based on financial submissions and arguments made to the court, in light of Virginia law.
In setting spousal support or determining whether to award spousal support, Virginia courts can look at “fault” in the marriage – primarily adultery/infidelity – if the parties are seeking a divorce on fault grounds, meaning a court may decline to award spousal support to a spouse in such circumstances. If this applies to your situation, our attorneys will work with to determine your options.
In a “no fault” divorce, the judge overseeing the divorce can incorporate the following factors into his or her determination of a spousal support award, among others:
As your attorneys, we will present all evidence in your favor to the judge overseeing your case to obtain a fair, just, and beneficial outcome in your matter.
After spousal support has been awarded, either the paying or the receiving spouse may later petition the court to seek a modification upward or downward in spousal support, or a termination of spousal support altogether, when there has been a material change in circumstances. Such changes could include an increase or decrease in income or financial obligations on the part of either party.
Our family law attorneys can represent your interests in either petitioning the court for a modification or termination of spousal support, or in responding to such a petition.
At Kurylo Gold & Josey, PLC in Fredericksburg, we will guide through all of your questions regarding spousal support, and help you work towards a favorable outcome in your family law matter. To schedule a consultation with one of our Virginia family law attorneys, contact Kurylo Gold & Josey, PLC at 540.642.1766.
Matt Kurylo began his legal career as a legal services specialist in the U.S. Marine Corps in 1998, then as an attorney in Fredericksburg in 2007. He is the founding partner of Kurylo Gold & Josey. In addition to providing assistance to clients, Matt serves as the firm’s managing partner.
Emily Gold focuses on matters of criminal and traffic defense, as well as family law, including divorce and child issues such as custody and visitation. She grew up in Virginia Beach, Virginia, and attended the University of Virginia and George Mason University School of Law.
Sara is a native of Kentucky but grew up primarily in Raleigh, North Carolina. After graduating in three years summa cum laude, Sara attended Campbell Law School, in North Carolina. Sara practices primarily family law and estate planning matters.