Portsmouth Spousal Support Attorneys
About Virginia Spousal Support Laws
During marriage, spouses have a financial obligation to support one another unless they decide to get divorced. In the event of a divorce, spousal support, also known as alimony, may be awarded to one spouse to help him/her become financially independent, if there is a large gap in income levels, or he/she has a mental disability or cannot get a job.
At Kozak & Davis, P.C., we understand the importance of safeguarding your financial future. Whether you are faced with spousal support payments or need to establish a spousal support agreement, our office an provide you with the knowledge and counsel you require.
How is Spousal Support Calculated?
The courts will make decisions regarding the amount and duration of spousal support based off but not limited to the following factors:
- Income and earning capacity of each spouse
- Duration of the marriage
- Financial needs of each spouse
- Age, mental, and physical condition, and health of both spouses
- Standard of living maintained throughout the marriage
- Each spouse’s contribution to the other’s education or increased earning power
Types of Spousal Support
The various types of spousal support that may be awarded include temporary alimony, rehabilitative alimony, and permanent alimony. Temporary alimony is awarded when both parties are separated but not divorced. It is also designed to help the dependent spouse transition away from married life. Rehabilitative alimony lasts for a certain amount of time and provides the dependent spouse with payments until they can reenter the workforce. Permanent alimony continues indefinitely unless one spouse dies or remarriages.
Temporary alimony typically awarded when the parties are separated, but not divorced. It can continue after the divorce if completed under a different name.
Eligibility for Spousal Support
In Virginia, the courts will consider certain factors and circumstances that lead to the dissolution of the marriage, including misconduct such as adultery, when determining whether to award spousal support. The courts only award spousal support when it is proven necessary.
Spousal Support Modifications
You can request a spousal support modification based on a material change in circumstances. In addition, you can also petition the court to terminate spousal support if the supported spouse is cohabitating with another person for at least 1 year.
A material change in circumstance might include but is not limited to:
- Involuntary unemployment
- Reduction of income
- Cohabitation or remarriage
- Loss of assets
- Disability or injury that prevents you from being able to work
- Increase of income of the supported spouse
- Inheritance the supported spouse receives
It is advisable to consult with an experienced attorney when creating or modifying a spousal support agreement.
Consult with an Experienced Lawyer at Our Firm
At Kozak & Davis, P.C., we are focused on providing results-oriented representation. If you are going through a divorce and need assistance determining how to negotiate your spousal support agreement, we can help. With over 30 years of combined experience, we are dedicated to our clients’ success – no matter how complex the issue at hand. Whether you need to create, modify, or enforce a spousal support agreement, consider us your legal advocates.
” - Former ClientThis is a very caring law firm. After going through a 3 year custody battle it's been nice having someone on our side.