Determining alimony is a vital part of the divorce process, especially if you’ve been married for a very long period of time. Knowing what you are financially entitled to from your ex-spouse is critical to ensure that you can plan for your new future ahead of you. However, how alimony amounts are determined vastly depends on the state that you live in. So you may be asking yourself, “How much alimony will I get in VA?”
In this article, we look at how much alimony spouses can get when they leave their partners in the state of Virginia. We examine how to calculate what you are entitled to as well as provide some factors that you should bear in mind when seeking alimony during a divorce process in Virginia.
How to calculate alimony in Virginia
In short, there is no numerical way to figure out exactly what you will be owed in terms of alimony if you are getting divorced in Virginia. However, there are a number of factors that will improve your chances of getting a higher settlement when you and your spouse legally dissolve your marriage. These include the following:
Your children
The amount of alimony you receive may go up if you have children together and you have custody for them. This will of course be taken into account under the term child maintenance, but you should also consider if your partner has children from previous relationships. Your spouse will not have to pay you as much if they have other children to support.
Your assets
If you have many assets separate from your spouse, you will likely be paid less alimony by them when you divorce. This is because you will be viewed as being able to maintain your standard of living and not have been negatively affected by the end of the marriage.
How long you were married
The longer you’re married to your spouse, the more alimony you will often receive. It’s not always the case, but it does improve your chances of receiving more if you have been legally together for a long period of time.
The standard of living throughout the marriage
Courts try to ensure that both parties will be able to maintain the standard of living the couple reached during their marriage. This is particularly the case if children are involved.
The age of each partner
Courts take into account a person’s age when they are claiming alimony payments. They will consider whether their age will affect their ability to live at the standard met during the marriage.
Any employment gaps
It’s very common in marriages for one partner to have an employment gap that may harm their earning potential in the future. Often that gap will have been taken to help raise a family or support the spouse’s career, or it may simply have been taken because there was no need for two incomes in the marriage. For whatever reason, courts will often ensure that alimony payments reflect the disadvantage the non-working spouse went through during that work gap.
Need to know about alimony in Virginia
It can be paid in one big lump or periodically
Alimony does not necessarily have to be paid each month; itmay be paid less frequently or even in one lump sum.
The amount can change
It’s important to remember that the amount of alimony you receive can change if you receive it on a periodic basis. This will be because of a change of circumstances, either on the part of you or your ex-partner. For example, if one of you remarry or have other children.
It is not a punishment
Alimony is not seen as a punishment for a partner whose behavior has not been satisfactory in the marriage. It’s simply a form of ensuring that neither party is materially impacted by the divorce. Behavior is taken into consideration, but it’s not the main determining factor when calculating the final alimony payment amount.
Getting what you are owed in your divorce in Virginia
Getting divorced can be an extremely complex and overwhelming process — and calculating alimony payments is just one difficult yet vitally important part of it. Ensure you know where you stand and what factors will help improve your chances of getting as much as you deserve when you finally walk away from the marriage.