Within the commonwealth of Virginia what a number of men and women refer to as alimony or spousal maintenance will be by law known as “spousal support.” Spousal support is usually a payment made by one former partner to the other one as a method of supporting them to meet their financial commitments. It’s usually paid by the ex-husband to his former wife, and although it is legally feasible for the man to get spousal support, it is seldom asked for in Virginia. Spousal support is generally necessary when the wife involved in the partnership sacrificed on-going career growth to invest time tending to the requirements of the children, the household, and also to support the career of the husband while they were still married.
Spousal maintenance can be permanent, however it can be short-term and paid for an interim period, possibly while the husband or wife accepting it is obtaining the training that it takes to get back in to work. Spousal maintenance obligations might be provided on a weekly, monthly, or yearly program, or they could be settled in one lump sum. Some couples reach a mutually agreeable spousal maintenance arrangement by themselves, but when this kind of court case goes in front of a judge, the case is heard by the Circuit Court which employs Section 20-107.1 of the Virginia Code to make a decision.
Many different things are considered should the court has to make a spousal maintenance determination. The first factor which will be reviewed may be the general financial situation of both parties, and the court will then assess the couple’s normal standard of living while they were married. The duration of the relationship would be taken into account, as will the age as well as prospective earning potential of the partner trying to get the spousal maintenance settlement. Somebody who may be “at-fault” in a divorce case (typically because of adultery) is not eligible for spousal maintenance.
Spousal maintenance can assist a former partner through the conversion to single life, or supply a continuing source of monetary support if that’s what’s regarded as applicable given the situation. It’s worthwhile to note that spousal support terms and conditions may be revised later under Virginia Code 20-109, although if the terms and conditions had been decided via a private contract which didn’t stipulate the possibility of future adjustment, this section might not be appropriate.
When you’re active in an alimony or spousal maintenance situation it is always a good idea to retain the expertise of a qualified Norfolk VA divorce attorney. A good custody attorney Norfolk could advise you regarding these issues with a Norfolk VA divorce.