Virginia how is spousal support calculated

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VA Code Section F. That means that once that age is hit by the payer, he could easily get a judges attention and there could be a modification of the alimony To avoid any possibility of alimony being open for modification for any reason, the Virginia Code states that the settlement agreement must "expressly state that the amount or duration of spousal support is non-modifiable" VA Code C. Those situations are:. This fact must be proved by clear and convincing evidence before spousal support may be considered for termination by the courts.

VA Code Section The best way to protect the alimony-receiving spouse, who is relying on alimony payments to pay the bills, is life insurance. Since July , Virginia judges have been permitted to order that existing life insurance policies be maintained for the benefit of the alimony-receiving spouse as long as that spouse is already a named beneficiary on that policy VA Code Section Spousal support in Virginia is considered by many lawyers to be the "wild west".

The laws are not clear and the amount and duration of alimony to be paid is determined on a case by case basis. You must be logged in to post a comment. Estimated Reading Time: 8 min read Virginia Code Virginia statutory law speaks generally of the criteria that a judge must consider when deciding an alimony case. This may be during separation or in the case of an ongoing divorce.

Temporary maintenance stipend is granted to a dependent spouse to support them while they train or study in order to financially support themselves in the future. Permanent Alimony: is granted if either of the spouses has a physical disability that prevents them from financially supporting themselves or if the spouse is too old to work.

Permanent spousal support is more likely to be granted in marriages that were considered long term. For spousal support to be issued there has to be a major difference in the incomes of both spouses.

When the incomes qualify for spousal support, judges use specific formulas to calculate the exact amount of money that will be paid annually. There are three main types of spousal support that a court can award:. The type of support you need, and the amount, is ultimately determined by the court, based on a variety of factors. The attorneys at Smith Strong, PLC are ready to help you with determining whether spousal support is something you will need to consider in your divorce case, and if so, how much and how long.

Pendente Lite support is support that is awarded during the divorce proceedings on a temporary basis before a final agreement or hearing is rendered.

Though temporary, it will usually be converted into a longer support obligation once the divorce proceeding is finalized, unless more evidence is raised. It is also awarded in cases where one party is severely disabled and unable to work. Rehabilitative support is awarded when the lower earning spouse has taken time off from their career or education to raise their family and run the household.

The higher earning spouse in such cases will usually be required to pay the other spouse, who has either stopped working, taken a huge loss in job opportunity to raise the family, or stopped their education to raise the family, in order to allow the lower earning spouse to go back to school and re-enter the workforce.

Reimbursement support is a type of limited duration support that is awarded to one party as a form of reimbursement for their contribution to something the other party did. This is usually done when one party has pursued an educational degree at the expense of the other party, while they maintained the household as the other advanced their educational attainment. When calculating spousal support, the courts will look at the needs and financial resources of the parties.