Powell Radomsky, PLLC

Fairfax Family Law Blog

Is it possible to modify spousal support years later?

When a couple in Virginia chooses to end their marriage, there are a variety of different decisions that they must make. In some cases, one or both people may be eager to move on with their lives. This could mean they may make certain concessions -- including how much spousal support will be paid -- without much argument and sometimes without a full understanding of the future implications of such decisions.

For example, one spouse might find it fair to agree to a certain amount of spousal support at the time of the split. However, that amount could become onerous in the years that come, especially as the paying spouse considers retirement. Some agreements may include provisions that the other spouse must find employment in a certain period of time or put other limits on spousal support. Once an agreement is made, however, it may be difficult to make modifications in the future unless a person's financial situation has changed significantly. 

Temporary child and spousal support order for Kevin Garnett

Most people in Virginia who have gone through a divorce would likely claim that, although the process can be difficult, it was in their best interest to choose that path. While there are some couples who may be able to come to an agreement without asking the court to intervene, there are others who will need that intervention. For example, a family court recently ordered former NBA player Keven Garnett to pay $100,000 a month in child and spousal support.

Garnett's estranged wife filed for divorce earlier this year. In her filing, she asked for physical custody of their children. Additionally, she asked for $146,000 in spousal support and $46,000 for child support, claiming that she will have the children 95% of the time. Garnett was recently ordered to pay $100,000 total each month until a permanent deal can be made.

Retirement considerations in a Virginia divorce

People in Virginia and across the country often spend a great deal of time planning for their future retirement. These plans are often made on the assumption that a married couple will remain in their relationship. The reality is, however, that many couples will choose to seek a divorce. In fact, the Pew Research Center claims that the rate of divorce for those aged 50 and over have doubled over the last three decades, potentially creating concerns about how the end of a marriage will impact retirement.

While the family home's connection to retirement issues may not be immediately apparent, for many couples, the home is one of the largest assets. When a couple chooses to end their marriage, one person may choose to keep the home, buying out the other. To do so, the person retaining the home may have to take out a mortgage, creating a complicated financial situation. Fortunately, there are options that could help, potentially including a reverse mortgage.

Money and divorce

Many experts say the primary cause for conflict in a marriage is money. When two people can't come together over how to handle shared marital finances, the strain is often too much on the relationship. Couples and other sources frequently reference finances as a cause of divorce.

However, couples here in Virginia can take steps to prepare themselves for any issues that might arise. Just knowing some of the common financial causes of stress on a marriage can be helpful. If you are wondering about the financial status of your own relationship, know that there are two main categories of money problems in a relationship.

How is spousal support determined in Virginia?

If you are like most people in Virginia, you have likely spent a great deal of time and effort into planning for the future. Unfortunately, this concern can prevent some people from taking action in their life that could ultimately result in more happiness and less conflict. That is, some people may delay seeking a divorce over financial concerns. In a situation such as this, having an experienced family law attorney on their side can help as they address their financial concerns, including whether and how much spousal support one party must pay.

Each individual case is unique. Additionally, judges often have a great deal of discretion in the decisions that they make. Because the decision could have a significant impact on your financial stability -- whether you think you are owed spousal support or may have to pay it -- the attorneys at Powell Radomsky, PLLC, are here to help.

Divorce: Women gets millions after estranged husband wins lottery

When a couple in Virginia or other areas of the country choose to end their marriage, there are multiple and often contentious decisions that must be made. Unfortunately, some couples may struggle to agree on how property should be divided following the end of a marriage. A recent case in another state illustrates what could be at stake in a divorce.

The case involved lottery winnings. The husband reportedly won $30 million after purchasing a Mega Millions lottery ticket in 2013. At the time of his win, he and his wife had been separated for two years. The divorce was not ultimately finalized until 2018.

Managing child custody issues that arise over summer vacation

When a couple in Virginia chooses to divorce, they often want nothing more than to move on to the next chapter of their lives without worrying about remaining civil with their ex-spouse. However, that is rarely an option for couples who have children together. Even when they have a child custody agreement that works for all parties, there may need to be additional conversations when schools close for the summer.

To help make the transition from the school year to summer go as smoothly as possible, there are some steps that parents can take. Unfortunately, the prospect of a change of routine and moving back and forth between two houses can create stress for a child. However, if parents are willing to commit to cooperate and communicate with one another, some of this stress could be reduced.

Family law: Woman seeks custody of dog

Couples in Virginia and across the country often decide that their relationship is no longer functional and that it is in the best interests of both parties to seek a new beginning. Regardless of whether the couple is married, if there are children involved, both parents have certain rights to their children to help ensure they are able to maintain their relationship. However, in most states, including Virginia, this same consideration does not extend to pets, sometimes creating conflict in courts of family law.

case currently being heard in another state is questioning the legal precedent that treats a pet as property. As such, courts are typically unwilling to order a custody plan for pets. The couple in the case were not married, and a 25-year-old woman is asking her state's highest court to order that she is the rightful owner. She is also hopeful that the case will result in additional guidance for judges in lower courts regarding pet custody.

Divorce rates affected by women out-earning husbands

Relationships between men and women are evolving. While much of these changes are welcome, there is no denying that some people are able to manage them better than others. As women continue to excel at their careers, there are many couples that see traditional gender roles flipped – the women are earning more money than the men.

If this describes you and your partner, you might have concerns about how this will affect your relationship in the long run. Though it is not a guarantee, researchers are warning that when women out earn their husbands, it raises the risk of that marriage ending in divorce.

Court mulls what happens to embryos after divorce

For centuries, couples who were unable to conceive on their own were with few options. However, medical discoveries made during the last several decades now allow more options for couples in Virginia and across the country struggling to conceive. Unfortunately, family law is now left trying to keep pace with these advancements. In fact, a court in another state is now considering what happens to frozen embryos in the event of a divorce, and the couple is unable to come to an agreement regarding the embryos' fate.

The case involves a man and woman who married in 2011. Shortly after their marriage, they created two embryos; they used one of them to have a daughter. At the time, they signed an agreement that they would discard any remaining embryos should their marriage end in divorce.

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