Often, after a divorce is finalized, the spouse who doesn’t earn or has given up their aspirations or career to look after the family is awarded spousal support.
Also referred to as alimony, this type of support is mainly for ensuring that the low-earning or non-working spouse can continue to match their standard of living and get back up on their feet.
In addition, if the court does allow alimony to be paid, it will always be paid by the spouse that has a high earning.
Moreover, there are different types of spousal support in Virginia, mainly:
- Pendente lite support
- Permanent/ indefinite support
- Rehabilitative support
However, it’s very important to keep in mind that the court will evaluate and decide how much support the non-custodial parent or the high-earning spouse will give you.
But it is still a good idea to consult your family attorney about whether spousal support should be considered when you’re filing for divorce or are in the middle of the process.
Understanding Alimony in Virginia
Spousal support is different than child support with the former being a fixed payment for the well-being of the custodial spouse.
The support can be used by the receiving spouse to further their education, maintain a healthy lifestyle, or take care of immediate household expenses.
However, it is vital to note that the court doesn’t always approve spousal support in divorce cases. In addition, there are some major considerations to understand when determining alimony in Virginia.
For instance, it will be evaluated whether the receiving spouse needs the support. Similarly, it will also be reviewed whether the payor can afford to pay spousal support.
As per Virginia Code20-107.1, the state family courts are given the authority to determine whether spousal support should or shouldn’t be awarded post-divorce.
The court reserves the right to judge, after evaluations and reviews, whether rehabilitative support is to be given (which is short-term alimony) or permanent support (where there is no timeline attached, and the payor must keep making these payments indefinitely).
However, the most common type of alimony awarded to spouses is rehabilitative support where the court sets a specific timeframe (let’s suppose 2 years), where the payor will keep making regular payments and hope for the receiver to sort out their affairs. After the period is up, the payor will be legally able to stop the payments.
What is Pendente Lite Support?
Pendente Lite support is mainly awarded by the court in the middle of the divorce proceedings. This type of spousal support is mainly for maintenance purposes. Meaning, that until the final divorce order is given, the earning spouse will need to continue financially supporting their spouse.
However, it is also likely that this temporary support payment may transform into a more long-term or permanent one, based on the circumstances of the divorce. Or until is revealed that the receiving spouse is qualified enough to provide for themselves.
What Is Permanent/ Indefinite Support?
While permanent support is also a decision that can be taken by the court, it is not that common. It is typically awarded to spouses who divorce after a long period – think 18 or 20 years.
This is where the non-earning spouse cannot possibly join the workforce and provide for themselves.
In addition, it can also be awarded to a spouse who is severely ill, disabled, or cannot physically allow themselves to work.
What is Rehabilitative Support?
Rehabilitative support (also known as limited support) is the most typical type of spousal support offered in many Virginia divorce cases.
While it is limited, the time is often indefinite as decided by the court. It can also be spread throughout several years to financially help the receiving spouse. However, the payor does reserve the right to apply for a modification of spousal support.
Important Factors That Are Evaluated by the Family Courts in Virginia for Spousal Support
Keep in mind that a judge will never order your spouse to pay alimony to you as a form of punishment. It is going to be a very impartial decision based on comprehensive evaluations and evidence that you really need the support.
The point is, whether it is a faults-based, contested, or uncontested divorce, the court will seek to understand why the spouses are legally dissolving their marriage.
Based on those reasons, a judge will be able to decide whether you the receiving spouse, or the non-earning spouse should be awarded spousal support.
For example, there is a very good chance that the court would deny your request for spouse support if you committed adultery and got divorced as a direct result of that act.
But even then, if you can provide solid evidence to the judge that you really do need spousal support, then the court may grant it.
Considering this, there are a variety of different yet important factors that are taken into consideration by the court when it comes to decided alimony in Virginia.
- A complete comparison of both spouses’ financial status – their earning capacity, pension accounts (if any), businesses, etc.
- How the long marriage has lasted.
- The standard of living of the receiving spouse while they were married.
- The physical and mental wellness of both spouses.
- Any unique or unavoidable family need.
- Special circumstances that don’t allow the non-earning spouse to work (such as looking after a special-needs child).
- The monetary contributions made by both husband and wife during their marriage.
- Real estate owned by both spouses before and after getting married.
- The education level of both spouses and whether the receiving spouse has the work experience and academic qualifications to find a good job.
- The level of cooperation and compromises made by both spouses to further one another’s educational or career-oriented goals (such as starting a business, going abroad for education or a job, etc.).
Bottom Line
So, there you have it, a comprehensive look into understanding types of spousal support payments and some vital elements that the court will consider when awarding alimony.