Spousal Support in Virginia

Generally information pertaining to any laws, state or federal, is difficult to communicate in just a few words or sentences however, it is possible to summarize them. The following is just that, a summarization of the laws concerning spousal support in Virginia.

Spousal support is when a judge orders one of the persons in a divorce proceeding to pay their spouse a certain amount of money each month in order to assist them financially throughout the divorce process and possibly even for a short time after the divorce is final. Although spousal support originated when women could not work and were unable to take care of themselves, it is still a major part of the separation and divorce process.

There are several factors involved when determining the need for spousal support in Virginia and the amount of money needed. The court normally looks at one party’s ability to pay support and the other party’s need for the support; if neither party is in need of financial support then it is likely that none will be ordered. Other factors may include the ages of both, the earning ability of each party, what each one owns as well as the length and history of the marriage.

If there is no child support involved spousal support is usually calculated by using 30% of the gross income of the person with the most income (when using gross income items that may deducted would include businesses expenses for the self employed, etc.) minus 50% of the gross income of the spouse with the lowest income. However, unlike child support that is formula driven, spousal support can be unpredictable. Apart from the mentioned factors a judge has extremely wide latitude and may consider all factors within the history of the marriage as well and may even adjust the amount if they feel that the spouse “misbehaved” during the marriage.

How spousal support in Virginia is to be paid is usually determined by the judge and may include paying for a limited or unlimited period of time; it may be in the form of monthly or bi-monthly payments or even as a lump sum payment.