Divorce Alimony in Virginia

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In this state of Virginia the term “alimony” is not used. Instead, the synonym “spousal support” is used. The circuit courts in Virginia are authorized to grant this support as per Code Section 20-107.1. Divorce alimony in Virginia is given to the person who has to start his life from the scratch. People who are dependent on their partner for all the necessities of life are given the spousal support amount so that they can carry out their life without being dependent.

The couple should hire an attorney so that they can easily work according to the rules and regulations prevailing in the state. He can explain the couple about the dos and don’ts of taking a divorce. Some of the factors considered by the court while awarding divorce in Virginia for alimony are stated below:

Factors considered by the court while awarding Divorce Virginia Alimony

  • Whether one spouse has made any inputs to the education, training, career position or profession of the other spouse? If yes, to what extent?
  • The decisions pertaining to parenting arrangement, education, economics, career and employment made by the spouses in marital life are noted. The effects of these decisions on the current and future earning potential are studied. The duration for which one or both spouses have been absent from employment is considered.
  • The expenses and duration essential for a spouse to attain education, training and employment to learn the skills that are essential to enhance the earning capacity. The ability of this spouse to do the same and the opportunity for this spouse in the job market is taken into account.
  • The earning ability of the spouses, inclusive of the skills, education and training as well as current employment chances for individuals having the specific earning potential.
  • The provisions that are mentioned with regard to marital property as per Section 20-107.3.
  • The property interests of the spouses that are both intangible and tangible as well as both personal and real.
  • The emotional as well as financial inputs that the partners have put in their married life.
  • The degree to which the mental state, physical condition, age or specific condition of a child of the spouse makes it essential that this spouse should not search for a job outside the residence.
  • The duration of marriage has a huge influence on the decision of granting spousal support amount.
  • The way they lived in marital life is taken into consideration so as to decide the amount of alimony. This is done so that the standard of life of the partner is maintained even after divorce.
  • The financial sources, requirements and obligations of both spouses, inclusive of and not restricted to the following:
    • Retirement plans
    • Profit sharing plans
    • Pension.
  • Other factors like the tax ramifications for each spouse that are essential to take into account the equities of both spouses.

Failure to pay Divorce Virginia Alimony

It is very crucial that when a spouse agrees to pay as per a specific plan of spousal support, this spouse is completely sure that he/she can practically disburse it. If the payer of alimony fails to disburse the amount as ordered by the court, such a payer can be held in contempt. The punishment is, this spouse might be sent to jail.

Nature of Virginia Alimony

  • The court might issue orders that spousal support may be paid as a lump sum amount or periodically
  • If periodically, then it may be for an unlimited time or a limited time
  • In case of periodic payments, the court can specify a particular amount per month. The court may also state that this monthly amount may be distributed in 2 payments in a manner that would coincide with the pay dates.

Fault and Virginia Alimony

Let us assume that a spouse has been found guilty of one of the fault grounds of divorce that are mentioned in Section 20-91(1). Then, the court restricts the award of spousal support to such a spouse.

Of all the fault grounds, the most common is adultery. In case the guilty spouse has been involved with a person of the same sex, then the ground of divorce is “buggery or sodomy” outside the marriage. In this type of divorce, alimony is surely to be given to the betrayed partner and the rate at which the alimony is to be given is increased.

The information stated above about divorce alimony in Virginia is authentic and will help people who want to end their life and are skeptical about alimony.

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