Jeffrey A. Vogelman and Associates Family Law, Bankruptcy, Landlord Tenant Law, Personal Injury
Call Today : 703-650-0367

How Virginia law helps to determine spousal support


Many Virginia residents who have gone through divorce have found it devastating emotionally and financially. It can be especially hard on a partner who has no regular income and has been otherwise financially dependent on a spouse. To provide financial support for these spouses as they begin again, state law has sanctioned the payment of spousal support by the spouse who can better afford it to the spouse who is economically challenged.

Before the era of no-fault divorce, if a spouse was determined to be at fault through something such as infidelity, that spouse could not demand spousal support. Fortunately, the law has changed and grounds that were previously regarded as fault are no longer given as much weight. Fault can still be assigned during spousal support hearings, however.

Spousal support is not awarded to penalize one partner but to provide financial support to the economically weaker spouse. The amount awarded depends on the unique circumstances of each case, including the age of the spouses, their assets, their earning capacities and the duration and history of their marriage.

A court can award spousal support as a lump sum or as periodic payments. It will normally set a schedule for installments as well as a period of payment, which can be indefinite. The amount awarded can be altered later, depending on changes in circumstance. The party who wants modification must apply to the court and explain the need for modification.

Spousal support does need have to be claimed at the time of the divorce. The right to seek spousal support is usually considered a period equal to one-half the length of the marriage.

Source: Vsb.org, "Divorce in Virginia," Accessed on March 17, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Information

Jeffrey A. Vogelman and Associates
124 South Royal Street
Alexandria, VA 22314

Phone: 703-650-0367
Fax: 703-836-3549
Alexandria Law Office Map

Toll Free: 703-650-0367 | Fax: 703-836-3549

Back To Top