When going through a divorce, one key matter you need to think about is if you want to receive spousal support from your former spouse. Spousal support, also known as alimony, is financial support paid from one former spouse to the other. Spousal support can be paid for a set time period or indefinitely, as a lump sum or as a combination thereof.
In determining if a party is eligible to receive spousal support, the court first looks at what lead to the end of the marriage. Committing adultery is a bar to spousal support, however a court can still grant spousal support to a party who committed adultery if the court finds that denial of support would constitute a manifest injustice.
If there is no bar to spousal support, the court then looks at the circumstances and factors that lead to the divorce. Grounds for divorce such as cruelty and desertion do not bar spousal support, but they can be weighed in the courts decision to grant spousal support.
To determine how much spousal support will be paid and for how long, Virginia Code § 20-107.1 (F) outlines thirteen factors the court are to consider. Those factors are:
1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under § 20-107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.
A party to a divorce also can ask the court to reserve their rights to receive spousal support in the future. This means that the court would not make a decision about spousal support once the divorce is granted, but the party requesting spousal support can motion the court at a date in the future to have an award for spousal support granted.
The process of going through a divorce can be hard and understanding your rights during such a trying time can be even harder. If you are considering divorce or have been served with a divorce complaint, it is important that you speak to an attorney who can help you understand this process. The attorneys at Hadley Law can help. Call us to schedule a consultation today.
