Virginia Spousal Support FAQs

Some of the most common Virginia Spousal Support FAQs include:

1.    How is spousal support decided?

The parties involved can themselves determine spousal support. If your case goes to trial, then a judge can also decide the level of spousal support to be rendered and money to be paid, if any, if a case goes to trial.

2.    Can I win spousal support even before a court date or final settlement in my case?

Certainly, yes. The commonwealth of Virginia allows pendente lite spousal support or monetary help to be awarded. You must know that pendente lite spousal support is actually a temporary support amount that is going to be optimally effective until the time when a final disposition in the case is made. Additionally, the parties involved can mutually agree to an adequate amount, or a judge can also make that determination considering respective incomes of each party. In an event you cannot jointly agree to a monetary amount of pendente lite spousal support program, then each spouse will surely be needed to arrange a monthly income as well as expenses statement reflecting monthly income as well as expenses of each spouse. When appropriate the court will then eventually make the award of spousal support based on the presented need of each spouse and the other spouse’s ability to pay for support in order to meet that specific need just on a temporary basis.

  1. Is it possible that a spousal support gets barred?

Although courts may bar spousal support by making proof of adultery activities on the part of the individual or party seeking spousal support, it is basically no longer barred by cruelty or desertion.

  1. What are the critical factors of consideration when it comes to determining spousal support?

This is probably one of the most common Virginia Spousal Support FAQs. When determining whether to make award of spousal support and its amount, the Court typically takes into account several factors including:

    • The financial position, earning capacity, needs, obligations, and financial resources of each party that also includes all kinds of income from all profit sharing, pension or retirement programs, of whatever nature;
    • The duration of the marriage;
    • The qualification and training skills of each parity as well as the capabilities and opportunity of each party to secure necessary education and training;
    • The age and emotional and physical condition of each party;
    • The living standard maintained during the marriage;
    • The contributions, both monetary as well as non-monetary, of each person to the family’s wellbeing;
    • Each party’s property interest, both personal and real, tangible and intangible;
    • Any kind of provisions executed with regard to the property brought after marriage; and
    • Such other similar factors, including the consequences of taxes to each party involved, as are imperative to take into account the equities between each party.
  1. How can I legally enforce a support order?

This is another very common Virginia Spousal Support FAQs. In case you are concerned that your lawful spouse will fail to make support order payments, or your spouse is eventually denying to make payment for a valid support order, then the commonwealth of Virginia law permits courts to enter income deduction order on your spouse.