What is alimony?
Alimony, also referred to as maintenance support, is decided by a court following the dissolution of a marriage or a divorce. If the court considers one spouse to need financial support from the other following the end of the marriage, it may grant a maintenance order. These vary in amounts to be paid and duration, depending on several important factors.What are these factors and how do you get divorced in Virginia Beach?The below should be considered a guide to understanding alimony under Virginia law, however you should always consult your Virginia Beach divorce lawyer with any additional queries you may have.
What factors are considered when determining if alimony is required?
Property:
Many couples may own properties before entering the marriage or might purchase it together. The division of marital assets can be difficult, with it being generally accepted that neither party should leave the marriage financially worse off than when they entered it. The standard of living that existed during the marriage is sought to be maintained as best as possible, and this forms a primary consideration for the court when determining if alimony is required.
Employment:
If one spouse is employed in a high-salary position and the other is either unemployed or earning a far smaller wage, then the court may consider alimony to be appropriate. Again, the goal here is to allow both parties to maintain a standard of living as close to what they enjoyed during the marriage as possible. There are of course exceptions of this which will be explained later.
Custodial arrangements:
If a spouse is caring for a child or children and it’s to the benefit of the child’s care for that spouse to not hold employment or to not hold high paying, full-time employment, then alimony may be granted. The key point here is that childcare responsibilities on their own are not generally deemed sufficient grounds, and it must be established that one spouse is experiencing financial challenges for the benefit of the child’s or children’s care.
How is the amount and duration of support decided?
Due to the number of factors considered, this is complicated and varies enormously between cases. Financial circumstances, incomes, and resources of both spouses are the first thing the courts will consider. Noting that the underlying goal is to maintain a comparable standard of living for both, the ability for the higher earning spouse to provide alimony while not compromising on their own standard of living is important. The court will also consider the circumstances of the less wealthy spouse, and how long it’s expected they will take to become more employable to be able to increase their standard of living.
The marriage itself is another factor that determines the amount and duration of alimony. Factors such as the following are all considered:
- How long the marriage lasted
- How long, if any, amount of time either spouse held the role of homemaker
- How much each party contributed financially to marital assets
- Whether either spouse was absent from employment for any length of time for the benefit of the marriage
Marital fault is another consideration. This refers to either spouse conducting themselves in such a way which is deemed against the tenets of marriage, such as infidelity, adultery, abuse, or other behaviours which are seen to be against marital vows. A spouse deemed to have been at marital fault could forfeit any rights to alimony they may have otherwise had.
What else do I need to know?
- Generally, alimony is only applicable for formerly married couples, however, they may still be required if you were living together and unmarried, in some cases.
- A prenuptial agreement, even one including a specific clause relating to alimony, may not negate the requirement for it to be paid. The ultimate decision regarding alimony lies with the courts, regardless of the existence of a prenuptial agreement.
- Alimony is considered separate to child support and is calculated differently.
- Failure to pay alimony as directed by the courts can lead to serious legal action.
- Alimony and property division can be resolved by spouses through mediation and avoid parties needing to go to court. However, both parties must be agreeable to this and to the outcome to avoid court involvement.
Where can I get more advice?
For any further information or advice on alimony, and how to have a successful divorce, you should contact your Virginia Beach divorce lawyer.