Getting divorced is stressful enough without having to worry about financial burdens. For those not trained in American legal matters, understanding alimony settlements and getting a grasp of what you may have to pay or be owed can be extremely confusing.
One of the biggest questions people ask, “How long do you have to pay alimony in Virginia?”, for as this will affect your disposable income for a substantial amount of time. We answer these questions and more to provide readers with clarity over divorce proceedings and their financial outcomes.
Can I Work Out the Duration of My Alimony Payments
The declared duration for alimony support varies from case to case. Many factors contribute to how long someone pays alimony for and the amount. Courts will take into account whether you have children together, the duration of your marriage, work history, standard of living during your marriage, your property, chances of employment, and many more factors. In Virginia, the expected duration of alimony payments is set for 50% of the time of the marriage. Therefore, if you have been married for 10 years, then the party accountable for making payments will be expected to pay alimony for 5 years.
However, if a marriage has lasted for 20 years or over, a lot of couples can expect to pay permanent alimony. When beginning to consider divorce and financial settlements, it’s best to ask your lawyer how long do you have to pay alimony in Virginia as they will be able to provide you with tailored information and guidance that reflects your situation.
Will I Have to Go to Court for Alimony Settlements?
Alimony settlements can be worked out without involving a court. If both parties can come to an agreement on the duration and how much alimony is to be paid, then there’s no need to take it to court. This settlement will be drafted into the separation agreement drawn up by your lawyers and signed by both parties upon your divorce.
If the dispute cannot be settled between the two parties, then it will be taken to court. The court will then decide the level of support to be awarded by looking at a number of factors.
Should I Take My Alimony Dispute to Court?
Anyone who is having trouble settling alimony disputes may wish to go to court. This is especially true if your partner is asking for alimony when their actions may have caused the marriage to fail. Although alimony is not a punishment for a failed marriage, the court will consider any acts of poor judgement that took place during the marriage when they are deciding on a suitable settlement. If you have clear evidence that your spouse has committed adultery, been abusive, or engaged in any criminal activity, then you may be cleared of any alimony duties.
This is when taking your case to court may be useful as you may be able to win a better deal than simply settling it between yourselves. However, just because your partner may have committed these acts doesn’t guarantee that you will not have to pay alimony. If the court believes it will be difficult for them to find work or support themselves, or if any children are involved, then they may still award your spouse alimony.
Can I Change the Payment?
Ordinarily, you are able to ask the court at any point to decrease or terminate the payment. This goes both ways, and your spouse can ask for an increase in alimony payments as well. These appeals can only be made if there has been a material change, such as losing a job, that will affect finances.
Furthermore, if your partner’s marital status changes, then you can request for the alimony payments to be stopped. Your previous spouse has a duty to inform you of any changes in this area as it would be considered unlawful to withhold this information.