Financial Security With An Arlington Spousal Support Attorney

Worrying about financial stability is common in a divorce, especially if you or your spouse has been out of the workforce. At Schmergel Family Law, PLC, our attorneys provide sophisticated and accessible legal advice during what we know are challenging times.

Is Spousal Support Awarded In Every Virginia Divorce?

Spousal support, also known as alimony or spousal maintenance, is not awarded in every Virginia divorce. The court has significant discretion in determining if support is appropriate and, if so, how much. In many cases, especially in high-asset divorces, a divorcing couple can settle the issue through an agreement reached during mediation.

What Factors Does A Virginia Court Consider When Determining The Amount And Duration Of Spousal Support?

When determining the amount and length of support, the court considers several factors. The goal is to reach a fair outcome, taking into account the circumstances of the marriage. These factors include:

• The financial needs and resources of each spouse
• The length of the marriage
• The age and physical or mental condition of each spouse
• The standard of living established during the marriage
• The contributions, both monetary and nonmonetary, of each spouse to the family’s well-being
• How the marital property and assets were divided during equitable distribution
• The opportunities and time needed for each spouse to acquire education, training or employment

For someone not working, the court may consider imputed income. Imputed income is income you are capable of earning, even if you are not currently employed. We help calculate these figures and can advocate for or against rehabilitative alimony or permanent spousal support depending on your circumstances.

Is Spousal Support Ever Modified Or Terminated After A Divorce Is Finalized In Virginia?

A court can modify or terminate support after the final order is entered, unless the terms of your agreement specifically prohibit a modification. In addition, you must show that there has been a significant change in circumstances such as a major loss of income by the paying spouse or the supported spouse getting a high-paying job. Support automatically ends upon the death of either spouse or the remarriage of the recipient.

Let An Arlington Spousal Support Attorney Help

Our lawyers at Schmergel Family Law, PLC, provide clear, realistic legal guidance. To schedule a confidential appointment, call us at 703-763-2645. You can also send us a message through our website.