Alimony is referred to as spousal support in Virginia. According to Virginia Divorce Law, spousal support did not exist in Virginia until 1980, when it was established as a way to provide for a spouse who needed support after a divorce in the case of disability or unemployment. A determination of spousal support, including its amount and duration, is determined by the court using a number of factors.
Types
There are two basic types of alimony in Virginia. Rehabilitative alimony is temporary. It is established for a predetermined amount of time that the court decides is long enough for the supported party to become financially independent. This may include returning to school to receive career training. Permanent alimony is established for an extended period of time and is typically awarded if the supported party is unable to work. Permanent alimony usually ends when one of the parties dies.
Factors
The court decides if alimony should be awarded in the event that the couple cannot reach a written agreement. Many factors go into determining if alimony should be awarded, such as the needs of each party. The resources of each party are taken into account as well, including retirement plans and pensions. Also considered is the length of the marriage and who will be the primary caregiver for the children.
Limitations
According to the Law Offices of Diane Fener, if one party is entirely responsible for the marriage ending, such as committing adultery, that party cannot receive alimony. However, the adultery or other action must be proved to the court, and the court has to consider all of the other factors that led to the divorce. An exception to this can be made if the party seeking support has extreme circumstances, such as a disability.
Amount and Duration
The amount awarded in alimony is unpredictable and not based on a specific formula in Virginia. Instead, it is based on need. The court can order that alimony be paid all at once or in monthly or bimonthly payments. Alimony is typically award for an amount of time equal to half of the marriage, but the court is able to modify that. An alimony agreement can be adjusted later as long as the original divorce agreement allows for it.
