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Determining if you are entitled to spousal support in your divorce

On Behalf of | Jun 20, 2024 | Spousal Support |

Whether or not it took time to achieve financial stability in a marriage, it is likely to take some time for one or both spouses to adjust to their post-divorce financial situation. In some divorces, it is clear that one spouse is at a greater financial advantage. Thus, it is important to consider certain factors, as well as the lifestyle the spouses were accustomed to during the marriage, when determining if spousal support is necessary.

Requesting spousal support in a Virginia divorce may seem like an added issue that is likely to cause disagreements and lengthen the divorce process. While there is no guarantee that seeking spousal support won’t impact the overall divorce process, if you are entitled to spousal support, it is important to take the steps to secure these payments.

Requesting spousal support

At Powell Randomsky, PLLC, our law firm understands that finances are often central to disputes; however, this should not deter a spouse from seeking spousal support in a divorce. Determining if you are entitled to spousal support is a crucial step to take, which is why our experienced attorneys work diligently to explore the options available to our clients.

Divorce itself can bring about major financial strains. It is not just the cost of the process and the distribution of property and assets that can present financial challenges. Without the stability and security a dual income brought to your life, it may be difficult to create a similar situation post-divorce. When there are major discrepancies between income, assets, property and debts, this may illustrate a need for spousal support. This, along with other factors, can be used to determine need as well as the amount and duration of payments if support is ordered.

Determination of spousal support

In Virginia, like other states, the court will award spousal support as a means to offset financial discrepancy experienced by the spouse with the lesser income. These payments are considered a fair way to rectify this incongruent financial situation.

The determination of spousal support is based on certain factors when negotiating, mediating or litigating this divorce issue. These factors typically include the length of the marriage, the income of both spouses as well as their earning capacity and the consideration of one spouse staying home to care for the children.

Additionally, the state of Virginia will consider adultery in this matter. Specifically, whether the spouse seeking support committed adultery.

Spousal support is not involved in every divorce; however, it is always important to determine if you are entitled to it. A legal professional can help you make that assessment.



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