Overview of Current Virginia Spousal Support Laws

When a single-income couple is facing divorce after a long marriage, the non-working spouse can request spousal support. It is also awarded in circumstances where both spouses are employed but have significant differences in their incomes.

Indefinite spousal support is a form of spousal support that continues until one party petitions the court to change the support due a material change in circumstance. Certain events can cause the spousal support to end such as:

  • Death of the spouse paying support.
  • Remarriage of the spouse receiving support.
  • Death of the spouse receiving support.
  • One-year cohabitation in a relationship comparable to marriage.

Other determinants a court may consider include contributions that the lower earning spouse may have made to the other person’s ability to earn a more substantial income. An example includes one spouse working to put the other through school at the cost of pursuing their own schooling.

Factors Considered in awarding Spousal Support

In Virginia, the court considers various factors when determining to award spousal support.

Because judges examine diverse factors when deciding whether a spouse is entitled to support, the circumstances can also dictate duration and amount of support that is provided. When considering spousal support, the courts take into consideration the following, among various other factors, for each spouse:

  • Financial need and resources.
  • Length of the marriage.
  • Age, physical, and mental health.
  • Financial contributions to the marriage.
  • Standard of living the couple has obtained.

The longer spouses depended on each other during their marriage to maintain their lifestyle, the more likely it is that a Virginia court will order spousal support. Contact Kurylo & Gold today for help with your spousal support situation.

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