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.

Can You Contest A Spousal Support Ruling?

A Virginia spousal support order is not always fixed forever. If your circumstances change, you may be able to ask the court to modify or terminate future payments. However, your agreement may limit that option. A spousal maintenance lawyer can review the order before you act. The following changes may support a request under spousal support laws:

Income Changes

A major income change can affect whether the existing order still fits your circumstances. If you lose your job through no fault of your own, face a substantial pay cut or receive a significant raise, the court may consider whether support should change. A Virginia alimony attorney can help show whether the change is material and how it affects your ability to pay or your need for support per § 20-107.1.

Employment Or Skills

A new job, higher education or new job skills can also change your financial position. If you receive support and your earning capacity rises, the paying spouse may seek a reduction. If you pay support, changes in your employment may also matter. A spousal support lawyer can help connect those facts to the current order.

Cohabitation

Virginia Code § 20-109 addresses certain cohabitation situations. If the spouse receiving support has habitually lived with another person in a relationship similar to marriage for at least one year, the court generally must terminate support. An agreement can provide otherwise, and the recipient may also argue that termination would be unconscionable.

Remarriage, Death Or Health Changes

Unless an agreement says otherwise, Virginia spousal support ends when either party dies or when the spouse receiving support remarries. Serious health problems can create a different basis for review. If age or physical capacity changes your income, expenses or ability to work, the court may consider those facts when deciding whether modification is proper.

Limits On A Challenge

A request to change Virginia spousal support does not automatically erase amounts already due. Section 20-109 authorizes courts to change support that may accrue after a petition, so you should not assume a later ruling will undo prior obligations. The court also must respect valid terms that make support nonmodifiable. Because these limits can affect timing and strategy, an alimony attorney can review your order before you seek a change.

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.