Spousal Support in Virginia

In Virginia, section 20-107.1 of the Virginia Code sets out the law with respect to spousal support.  The court, in deciding whether to award support and maintenance for a spouse, must consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce as stated elsewhere in the Virginia Code. In determining amount, duration and the nature – whether it is remedial for a time period or permanent, of spousal support, the court must consider the following thirteen factors.

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage;
  3. The length of the marriage
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child or the parties would make it appropriate that a party not seek employment outside of the home;
  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under Virginia Code section 20-107.3 (distinguishing marital and separate property);
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
  10. The opportunity for, ability of, and the time and costs involved for a party to get the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

 

How each of the above factors contribute to or are weighed in each case, depends on the judge to whom the case is assigned. Often, parties prefer to take this decision out of the judge’s hands and with the help of an experienced mediator and, or, their attorneys, come to a resolution of this issue on their own.  The important thing to keep in mind is that this is a very involved issue and divorcing parties should be very careful that they do not waive any rights with respect to spousal support unknowingly. In trying to avoid this danger, often divorcing couples find themselves fighting about spousal support even when they have reached mutual agreement on other issues. Mediation and the collaborative process are two excellent ways to resolve this issue in a non-adversarial manner. In both processes, the parties work together to arrive at a mutually acceptable resolution, tailored to their particular family circumstances.

Donita King

Ms. King is a member of the Virginia, Pennsylvania, and D.C. State Bars. She also serves as a University of Richmond School of Law Adjunct Professor of Mediation. She previously served on the Virginia Bar Association Joint ADR Council (2015 Chair), and served for several years on the Governor of Virginia’s Interagency Dispute Resolution Council. Ms. King currently serves as a board member of the Virginia State Bar Disciplinary Board by appointment of the Virginia Supreme Court and has been active with the Hispanic Chamber of Commerce, Hispanic Women in Business as well. Se habla espanol.

Related Posts

Moody image of woman staring out of window

Domestic Violence Attorney in Virginia

Unfortunately, domestic violence is a widespread issue in Virginia and the rest of the world. When you’re facing this kind of situation, taking action to protect yourself and your family is a brave move — but it can also be daunting when you don’t know if the law will side in your favor. In cases…
Read More
A mentor providing guidelines about mediation to their protégée

Ethics Guidelines for Mediators — What to Expect

Mediation has increased in popularity over recent years, with one report finding that around half of participants had used mediation as part of their divorce proceedings. With this boom of interest in services, it’s more important than ever for mediators to take a responsible approach. Above all, this comes down to following the ethics guidelines…
Read More
Child Custody & International Travel — What Are Your Rights?

Child Custody & International Travel — What Are Your Rights?

Co-parenting after a divorce or separation is tough at the best of times, but when your ex-partner wants to involve your child in situations you don’t feel comfortable with — like international travel — things become even more complex. You might feel helpless, but there’s a good chance you can exercise your rights to have…
Read More

Schedule Your
Consultation Today!