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Spousal Support

Virginia juvenile and domestic relations courts and circuit courts in limited circumstances may compel one spouse to make support payments to the other. The determination of spousal support involves two distinct considerations: first, whether the spouse is entitled to support under the law at all; and second, the amount support to which an eligible spouse is entitled.

First: Am I entitled to spousal support?

In Virginia, a court may grant spousal support in limited circumstances, including a decree of dissolution of marriage and a decree of divorce. Importantly, if the court finds that a marriage is annulled, or void for lack of validity at its inception, no spousal support order may be entered. This distinction, along with a multitude of nuanced considerations, illustrates the importance of seeking the advice and assistance of a licensed Virginia attorney.

Second: How Much Support am I entitled to?

After the court has determined that the spouse seeking support meets the various eligibility criteria spelled out in the Virginia Code, the court must determine the nature, amount, and duration of an award of maintenance and support. Importantly, the award of spousal support by a Virginia court may be permanent, meaning until the death or remarriage of the receiving spouse, or merely for a defined period of time. Factors affecting the court's determination of spousal support, including the duration of the support award, are set forth in the Virginia Code. These factors include:

The obligations and needs of each spouse;
The income of each spouse, including pensions, capital profits, and retirement plans;
The standard of living established during the marriage;
The duration of the marriage;
The age and physical and mental condition of the parties and any special circumstances of the family;
The contributions, monetary and nonmonetary, of each party to the well-being of the family; and
The property interests of the parties, real and personal, tangible and intangible.

The above factors are not exhaustive, and no single factor is determinative of a court's support ruling. As such, it is wise to consult an attorney seasoned in family law matters before initiating a support suit.