When it comes to sorting out a divorce, knowing what alimony you can get should be right at the top of your priority list. What you are owed or entitled to depends on a number of things that you and your lawyer must discuss. These entitlements, however, can change according to what state you live in.
In this article, we’ll answer the question, “How is alimony calculated in Virginia?” It’s a tricky business in any part of the country, but Virginia takes the view that alimony payments are not a form of punishment for a spouse whose behavior has been unacceptable in the marriage. Instead, Virginia courts take into account a number of different yet important factors. We’ll investigate what these are as well as outline anything else that you need to know about accessing alimony payments in Virginia.
How does alimony work in Virginia
As stated above, alimony in Virginia works by considering a number of different factors and circumstances in each individual divorce. These can range in importance, depending on the two people involved; however, they can all have a large bearing on what a judge or the two representing lawyers conclude is a suitable amount for you to receive.
The factors that are taken into account are:
Financial position of both parties
If both parties are financially able to maintain the standard of living enjoyed while married, the court will not look to order a particularly large alimony payment from one ex-spouse to the other.
Duration of marriage
It’s not always the case, but the longer the marriage, the higher the alimony payment you could receive. The courts look favorably on those who’ve had longer marriages as they would probably have achieved a consistent standard of living for the period of time that the two parties were married.
Mental and physical condition of both parties
Courts take the mental and physical capabilities of each party into consideration when deciding the financial amount for alimony payments. If one spouse is unable to work due to a disability caused by those mental and physical conditions, then the court will factor this in when determining a final amount for alimony.
Employment gaps
Sometimes during a marriage, one of the individuals will take a career break. This could be for several reasons — perhaps to raise a family, to support the other spouse’s career, or perhaps because there was no need for two incomes as one was enough. Whatever the case, if a spouse is at a detriment to their earnings potential because of that employment gap that was taken during the marriage, then the court will look favorably on what that spouse is owed.
What you need to know about alimony in Virginia
Perhaps one of the biggest things to remember when getting divorced and receiving alimony in Virginia is that it should not be understood as a form of punishment. The courts often take into account reasons for the breakdown of the marriage, such as adultery, but the amount of alimony you may receive is not a reflection of how bad a spouse a partner was.
Additionally, you need to remember that your alimony amount may change and it’s not something that you should financially rely on to last forever. If you remarry, it’s likely your alimony can stop, or it may decrease if your partner’s circumstances change. For example, if they have more children, they will probably seek to reduce your alimony payments.
Finally, alimony is not always a regular payment. Sometimes, alimony is allotted all in one go, meaning that you will receive a lump sum. Take this into account when you are planning for your future.
Conclusion
Alimony calculations can be complicated in any state. In Virginia, they are hard to predict on your own as there are so many different factors that Virginia law takes into consideration before a final amount is determined. Work closely with your lawyer to tell them everything you feel should be accounted for so that you can get as much alimony as you are entitled to and for as long as possible.