As most people are well aware, getting a divorce is rarely a straightforward process. What can make matters worse is the fact that divorce laws differ from state to state, so it’s easy to become confused regarding what you should do when looking to legally end your marriage.
In this article, we investigate how the state of Virginia approaches alimony and maintenance payments. In doing so, we’ll examine the alimony laws in Virginia as well as highlighting key aspects around understanding alimony payments in the state as well. By outlining these laws, we hope to give a comprehensive guide to alimony so you can have full knowledge of what you are entitled to when you finally divorce your partner.
Alimony laws in Virginia
Exactly what are the alimony laws in Virginia? According to Virginia state law, partners are legally required to support each other financially until divorced. After a divorce, some couples will have to stay in a financial agreement in the form of alimony payments.
However, alimony payments are not always awarded, so do not bank on them when you’re seeking a divorce from your partner. The laws in the state tend to favor longer term marriages when determining what and how much alimony payments will come out to. Other factors that courts take into account are:
- If a spouse had a long period of unemployment due to raising a family or supporting their partner’s career
- If one person is handicapped or disabled
- If one person is unemployed at the time of the divorce
- The age of both parties
- The financial assets or property of both parties
- The overall standard of living during the marriage
The courts will also consider what brought about the end of the marriage when considering a person’s claim for alimony, an obvious example being adultery. It’s uncommon for people who committed adultery to be awarded spousal support or alimony.
Understanding alimony payments in Virginia
Understanding alimony payments in Virginia is key to knowing what you’re entitled to before you even apply for it. You may not always be awarded what you think you’re owed as the court takes into account a holistic view as well as an objective one. Divorces are commonly acrimonious, which triggers a spouse to seek out the highest possible alimony payments. However, the courts generally take an unemotive position when calculating alimony, so be prepared for the knowledge that you might not be awarded what you think you are entitled to.
Additionally, it’s important to know how payments can be made. Alimony in Virginia can be paid in regular installments but also lump sums. You need to factor this into your calculations when thinking about the future — and be prepared for either option. Another key idea to take on board is that in the case of being paid each month/quarter/year, you may only be paid that money for a set amount of time. Some courts will award alimony to be paid indefinitely, but it’s best not to expect it so that you can make the most practical plans for your future.
Finally, bear in mind that payments can change. Spousal support is always subject to decreases, although increases can occur as well. Importantly, it can also be stopped if a court decrees it. These changes can happen due to a change in both your or your ex’s circumstances. For example, if you remarry or your financial situation changes for the better or worse, you may find your alimony payments could change. If your ex has children in another relationship, that too can be grounds for the courts decreasing alimony payments to you.
Conclusion
Divorce is a complicated process and it should not be underestimated. The emotional and financial toll it may take on your well-being can be high. However, corners should not be cut when it comes to seeking the advice of a legal professional. Using a lawyer is imperative when getting divorced because they will fight to get you what you feel you are entitled to in terms of alimony and any other assets when you and your ex-partner finally go your separate ways.