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Spousal Support Alimony Virginia Lawyer Divorce Fairfax Richmond Beach Loudoun

Spousal Support & Alimony Laws In Virginia

Spousal maintenance – Alimony

Even in uncontested divorces in Virginia, spousal support/alimony may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia

Regardless of the term used in Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people in Virginia don’t realize is that alimony is taxable. The person paying the alimony in Virginia deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.

Virginia Spousal Support Laws

Child support on the other hand is not taxable. Alimony is completely independent from child support and Virginia uses set guidelines to determine alimony. The Family Law Courts in Virginia have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most Virginia attorneys work hard towards trying to settle the issue of alimony in divorce cases without risking a trial on the issue of alimony. Our lawyers in Virginia who assist clients with divorce cases in Virginia will work to help you get spousal support and when necessary, defend an action for alimony.

Our Virginia lawyers who assist clients with spousal support and alimony issues have client meeting locations in Virginia:

Virginia: Northern Virginia – Fairfax, Loudoun & Manassas; Central Virginia – Fredericksburg & Richmond; Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Our Virginia lawyers who assist clients with spousal support and alimony have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia. Our Virginia attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues.

If you wish to consult a SRIS, P.C. attorney in Virginia regarding alimony or spousal support, call us at 888-437-7747.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Spousal Support Virginia Laws Alimony Divorce 20-107.1 Fairfax Richmond Prince William Loudoun Beach

Spousal Support/Alimony – Virginia Lawyers

Whether you are asking for spousal support/alimony or defending against a request a for spousal support/alimony in Virginia, you need an experienced Virginia lawyer to help you with your divorce.

Our law firm has handled numerous divorce cases in Virginia where spousal support/alimony is requested. We have the experience to help you with this issue.

Spousal Support Virginia Laws Alimony Divorce 20-107.1

Spousal Support Virginia Laws Alimony Divorce 20-107.1

The Virginia Code 20-107.1 lays out the law for spousal support/alimony in Virginia.

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

Virginia Code 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of 20-91 or 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under 20-107.3;
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
  10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court’s order. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.

G. For purposes of this section and 20-109, “date of separation” means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and “defined duration” means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to 20-110.

H. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

  1. If known, the name, date of birth and social security number of each party and, unless otherwise ordered, each party’s residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of his employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;
  2. The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;
  3. A statement as to whether there is an order for health care coverage for a party;
  4. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;
  5. If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and
  6. Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law
 Statute  Topic  Description
Va Code § 20-107.1(A) When the Court can decree as to maintenance and support of spouses The court may make such further decree in the following proceedings:

  1. Pursuant to any proceeding arising under subsection L of § 16.1-241 or
  2. upon the entry of a decree providing
    1. for the dissolution of a marriage or
    2. for a divorce, whether from the bond of matrimony or from bed and board or
    3. that neither party is entitled to a divorce, or
    4. for separate maintenance

Maintenance and support payable by the estate of a deceased spouse cannot be decreed.

Va Code § 20-107.1(B) Changing maintenance as per Va Code of § 20-109 Change in maintenance and support shall be subject to the provisions of § 20-109, No permanent maintenance and support shall be awarded from a spouse if there exists a ground of divorce under the provisions of subdivision (1) of § 20-91 in such spouse’s favor but in any case if there exists clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties, support may be awarded.
Va Code § 20-107.1(C) Maintenance payments how made
  1. Maintenance and support of a spouse be made in periodic payments for a defined duration, or
  2. In periodic payments for an undefined duration, or
  3. In a lump sum award, or
  4. In any combination thereof.
Va Code § 20-107.1(D) Reservation of Party’s right to receive support in the future In addition to subsection C, the court may reserve the right of a party to receive support in the future based on the following conditions:

  1. There shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
  2. Once granted, the duration of such a reservation shall not be subject to modification
Va Code § 20-107.1(E) Factors considered in determining whether to award support and maintenance and in determining the nature, amount and duration of the award Factors considered in determining whether to award support and maintenance are the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.Factors considered in determining nature, amount and duration of the award:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage, the duration of the marriage, the age and physical and mental condition of the parties and any special circumstances of the family;
  3. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  4. The monetary and nonmonetary contributions of each party to the well-being of the family; the earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity, the property interests of the parties, both real and personal, tangible and intangible, the provisions made with regard to the marital property under § 20-107.3;
  5. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;. the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  6. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  7. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Va Code § 20-107.1(F) Spousal support in contested cases in the circuit courts, Any order granting, reserving or denying a request for spousal support shall also include a written findings and conclusions of the court

  1. Identifying the factors in subsection E which support the court’s order.
  2. If the support is for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, a specification of the events and circumstances which support the award.
Va Code § 20-107.1(G) Meaning of “Date of separation” and “defined duration” Date of separation means

  1. the earliest date at which the parties are physically separated and
  2. at least one party intends such separation to be permanent provided the separation is continuous thereafter and

Defined duration means a period of time

  1. With a specific beginning and ending date or
  2. Specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110.
Va Code § 20-107.1(H) Contents of the order entered on or after October 1, 1985 in cases where there are no minor children including original orders or modifications of existing orders or orders confirming separation agreements, The order should contain the following:1. Personal details:

  1. If known, the name, date of birth and social security number of each party and,
  2. Unless otherwise ordered, each party’s residential and,
  3. If different, mailing address, residential and employer telephone number, driver’s license number, and
  4. The name and address of his employer;

If a protective order has been issued or if court believes that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;

2. Spousal support amount

  1. The amount of fixed sums of periodic spousal support
  2. The payment interval,
  3. The date payments are due, and
  4. The date the first payment is due;

3. Health care coverage statement

Statement as to whether there is an order for health care coverage for a party;

4. Support Arrearages

  1. To whom an arrearage is owed and the amount of the arrearage,
  2. The period of time for which such arrearage is calculated, and
  3. A direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;

5. If spousal support payments are ordered to be paid directly to the obligee,

  1. The parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and
  2. Any change of telephone number within 30 days after the change

NOTICE:

That in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Spousal Support Alimony Virginia Lawyer Divorce Fairfax Richmond Beach Loudoun

Spousal Support & Alimony Laws In Virginia

Spousal maintenance – Alimony

Even in uncontested divorces in Virginia, spousal support/alimony may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia

Regardless of the term used in Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people in Virginia don’t realize is that alimony is taxable. The person paying the alimony in Virginia deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.

Virginia Spousal Support Laws

Virginia Spousal Support Laws

Child support on the other hand is not taxable. Alimony is completely independent from child support and Virginia uses set guidelines to determine alimony. The Family LawCourts in Virginia have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most Virginia attorneys work hard towards trying to settle the issue of alimony in divorce cases without risking a trial on the issue of alimony. Our lawyers in Virginia who assist clients with divorce cases in Virginia will work to help you get spousal support and when necessary, defend an action for alimony.

Our Virginia lawyers who assist clients with spousal support and alimony issues have client meeting locations in Virginia:

Virginia: Northern Virginia – Fairfax, Loudoun & Manassas; Central Virginia – Fredericksburg & Richmond; Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

Our Virginia lawyers who assist clients with spousal support and alimony have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia. Our Virginia attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues.

If you wish to consult a SRIS, P.C. attorney in Virginia regarding alimony or spousal support, call us at 888-437-7747.

We also cover the following courts in Virginia:
Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Spousal Support Virginia Laws Alimony Divorce 20-107.1 Fairfax Richmond Prince William Loudoun Beach

Spousal Support/Alimony – Virginia Lawyers

Whether you are asking for spousal support/alimony or defending against a request a for spousal support/alimony in Virginia, you need an experienced Virginia lawyer to help you with your divorce.

Our law firm has handled numerous divorce cases in Virginia where spousal support/alimony is requested. We have the experience to help you with this issue.

Spousal Support Virginia Laws Alimony Divorce 20-107.1

Spousal Support Virginia Laws Alimony Divorce 20-107.1

The Virginia Code 20-107.1 lays out the law for spousal support/alimony in Virginia.

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

Virginia Code 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of 20-91 or 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage;
  3. The duration of the marriage;
  4. The age and physical and mental condition of the parties and any special circumstances of the family;
  5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  7. The property interests of the parties, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property under 20-107.3;
  9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
  10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
  11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court’s order. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.

G. For purposes of this section and 20-109, “date of separation” means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and “defined duration” means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to 20-110.

H. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

  1. If known, the name, date of birth and social security number of each party and, unless otherwise ordered, each party’s residential and, if different, mailing address, residential and employer telephone number, driver’s license number, and the name and address of his employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;
  2. The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;
  3. A statement as to whether there is an order for health care coverage for a party;
  4. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;
  5. If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and
  6. Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law
Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

Statute

Topic

Description

Va Code § 20-107.1(A) When the Court can decree as to maintenance and support of spouses The court may make such further decree in the following proceedings:

  1. Pursuant to any proceeding arising under subsection L of § 16.1-241 or
  2. upon the entry of a decree providing
    1. for the dissolution of a marriage or
    2. for a divorce, whether from the bond of matrimony or from bed and board or
    3. that neither party is entitled to a divorce, or
    4. for separate maintenance

Maintenance and support payable by the estate of a deceased spouse cannot be decreed.

Va Code § 20-107.1(B) Changing maintenance as per Va Code of § 20-109 Change in maintenance and support shall be subject to the provisions of § 20-109, No permanent maintenance and support shall be awarded from a spouse if there exists a ground of divorce under the provisions of subdivision (1) of § 20-91 in such spouse’s favor but in any case if there exists clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties, support may be awarded.
Va Code § 20-107.1(C) Maintenance payments how made
  1. Maintenance and support of a spouse be made in periodic payments for a defined duration, or
  2. In periodic payments for an undefined duration, or
  3. In a lump sum award, or
  4. In any combination thereof.
Va Code § 20-107.1(D) Reservation of Party’s right to receive support in the future In addition to subsection C, the court may reserve the right of a party to receive support in the future based on the following conditions:

  1. There shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
  2. Once granted, the duration of such a reservation shall not be subject to modification
Va Code § 20-107.1(E) Factors considered in determining whether to award support and maintenance and in determining the nature, amount and duration of the award Factors considered in determining whether to award support and maintenance are the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95.Factors considered in determining nature, amount and duration of the award:

  1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
  2. The standard of living established during the marriage, the duration of the marriage, the age and physical and mental condition of the parties and any special circumstances of the family;
  3. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
  4. The monetary and nonmonetary contributions of each party to the well-being of the family; the earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity, the property interests of the parties, both real and personal, tangible and intangible, the provisions made with regard to the marital property under § 20-107.3;
  5. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;. the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
  6. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
  7. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Va Code § 20-107.1(F) Spousal support in contested cases in the circuit courts, Any order granting, reserving or denying a request for spousal support shall also include a written findings and conclusions of the court

  1. Identifying the factors in subsection E which support the court’s order.
  2. If the support is for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, a specification of the events and circumstances which support the award.
Va Code § 20-107.1(G) Meaning of “Date of separation” and “defined duration” Date of separation means

  1. the earliest date at which the parties are physically separated and
  2. at least one party intends such separation to be permanent provided the separation is continuous thereafter and

Defined duration means a period of time

  1. With a specific beginning and ending date or
  2. Specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110.
Va Code § 20-107.1(H) Contents of the order entered on or after October 1, 1985 in cases where there are no minor children including original orders or modifications of existing orders or orders confirming separation agreements, The order should contain the following:1.Personal details:

  1. If known, the name, date of birth and social security number of each party and,
  2. Unless otherwise ordered, each party’s residential and,
  3. If different, mailing address, residential and employer telephone number, driver’s license number, and
  4. The name and address of his employer;

If a protective order has been issued or if court believes that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;

2. Spousal support amount

  1. The amount of fixed sums of periodic spousal support
  2. The payment interval,
  3. The date payments are due, and
  4. The date the first payment is due;

3. Health care coverage statement

Statement as to whether there is an order for health care coverage for a party;

4. Support Arrearages

  1. To whom an arrearage is owed and the amount of the arrearage,
  2. The period of time for which such arrearage is calculated, and
  3. A direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;

5. If spousal support payments are ordered to be paid directly to the obligee,

  1. The parties shall give each other and the court at least 30 days’ written notice, in advance, of any change of address and
  2. Any change of telephone number within 30 days after the change

NOTICE:

That in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law

If you need help with a spousal support/alimony in Virginia and are seeking an experienced Virginia lawyer to assist you with your divorce, call us.

We have client meeting locations in Fairfax, Richmond, Prince William, Loudoun, Virginia Beach, Fredericksburg & Lynchburg.

We also cover the following courts in Virginia:
Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Divorce Virginia Contested Fairfax Richmond Beach Loudoun Prince William

DIVORCE IN VIRGINIA

Generally, a divorce in Virginia that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Virginia can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner. How contested a divorce case in Virginia is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them. More often than not, the opposing attorney in a contested divorce case in Virginia will play a great role in how amicably a contested divorce can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Virginia will be for the parties.

How your specific case will proceed will greatly be determined by the specific facts of your case. The divorce laws in Virginia are complex. If you have questions about how the divorce laws in Virginia apply to the specific facts of your divorce case, do not hesitate to contact us.

Virginia Contested Divorce Laws

Virginia Contested Divorce Laws

Our attorneys in Virginia will do their best to assist you with your divorce. Please call us via our toll free number – 888-437-7747.

The Law Offices of SRIS, P.C. has client meeting locations & lawyers to assist you with your divorce in Virginia to better serve you.

Virginia: Northern Virginia, Central Virginia, Hampton Roads/Tidewater area & Western Virginia. Fairfax, Lynchburg, Loudoun, Prince William, Fredericksburg, Richmond & Virginia Beach.

VIRGINIA DIVORCE ATTORNEYS

Our Virginia attorneys are frequently asked questions about different divorce issues in Virginia. We hope that the information you find herein answer some of your basic questions regarding divorces in Virginia. After you read this, if you wish to talk to our Virginia lawyers about your divorce in Virginia, please feel free to call us at 888-437-7747. We are here to help you and fight for you if necessary.

The lawyers of SRIS, P.C. have client meeting locations in the following states :

Virginia: in Northern Virginia – Fairfax Loudoun & Manassas; in Central Virginia – Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area – Virginia Beach; in Western Virginia – Lynchburg.

The Separation of the Parties In Virginia

As a general rule, parties cannot be deemed to be living separate and apart with the intent of remaining permanently separate and apart if they are both residing in the martial residence. If either spouse wants a divorce, the odds are, they are going to get a divorce. The real question is on what terms is the party desiring the divorce going to get it. If your spouse wants a divorce and wants you to move out of the marital home, perhaps refusing your spouse’s demands may be in your best interests. Refusing to move out may cause your spouse to agree to your terms for the divorce. Ultimately, the party who wants a divorce the most is the one who is willing to agree to almost any terms to get a divorce. Keep this in mind as you try to negotiate a property settlement and custody of the child(ren)

One caveat we always tell our clients is: the threat or possibility of danger of remaining in the marital home. Nothing is more important than being safe. If the other party has a history of physical violence or you have reason to believe that if you do not move out, the other party will hurt you, then you probably should leave.

The person who leaves the marital home without an express agreement that the parties have mutually agreed to separate may suffer some dire consequences in court. If you leave the marital residence, the Court may award custody of the children to the parent staying in the marital residence. This award of custody is initially awarded pending the final divorce hearing. However, as a general rule, divorce courts are averse to change the status quo. Thus, the parent who received the initial award of custody is the person who is most likely going to be the primary physical custodian of the child(ren). Additionally, the party leaving the marital home may be accused of abandoning the marital home. Keep in mind, that if you leave the marital home and don’t try to see your children frequently, this too may have negative consequences. During the pending divorce action, the visitation you have with your child(ren) may be dramatically limited. The party staying in the home may be awarded exclusive use and possession of the marital residence. The bottom line is what you do at the start of the separation process of the divorce will most likely have a long term impact as to how your divorce turns out. This is one of the main reasons you need excellent counsel right from the start from an experienced divorce attorney who almost exclusively handles contested divorces. Please keep in mind that divorce attorneys who practice other types of law are probably not as up to date with the new divorce laws that the courts have recently ruled upon.

The financial situation of the parties in Virginia

If you want to ensure that the marital assets are not wasted by the other party, make sure you are in control of all financial accounts and credit cards. Also, make sure you are in control of any form of credit that you may become liable for if used by the other party. Taking control is very easy. Simply transfer all assets of the marriage to a completely new and separate account that only you have access to. As a law professor once said, “it is a lot easier to give than to get.” The person who controls all the assets negotiates from a great position of strength. Remember a contested divorce can be costly and very few attorneys work for free.

Things not to do during the separation in Virginia.

DO NOT DO THINGS YOU WILL BE EMBARRASSED ABOUT IF IT COMES OUT DURING THE TRIAL.

Try not to date anyone. We understand that when you are going through a divorce, you may be emotionally upset and want solace. However, what you do during the separation may affect how the Court decides custody of the child(ren), if custody is at issue. Also, if you spend marital assets (property, money, etc. accumulated during the marriage) on your new “friend”, this may affect how the divorce Court determines the ultimate distribution of marital property. The Virginia lawyers at the Law Offices of SRIS, P.C. is here to help you. Listen to us and we will do our best to make this difficult time in your life as smooth as possible.

How does the legal aspect of the divorce start Virginia?

The first step is to file a pleading asking for a divorce. This is a legal document requesting the Court to grant you a divorce. Your spouse will then be served with this document by either a law enforcement authorized to serve process or a private process server. Generally, we prefer to use a private process server if we believe the party being served with a divorce is going to try and avoid service. Once the initial divorce papers are served, then your spouse has to determine how badly they are going to fight the divorce. Most people after being served with divorce papers think they have to get the nastiest divorce lawyer in town. This is a mistake. All this is going to do is end up costing both parties a lot of money and help put the nasty lawyer’s child through college. We recommend our clients to try and talk to the other spouse in a civil manner and attempt to reach a settlement. Before you go and talk to your spouse, we will advise you as to what a fair settlement is and what you can expect if you go to trial. If your spouse is reasonable and your spouse listens to your proposal, then he or she may agree or ask for time to go talk to their lawyer. Again, if and it is a big IF, the lawyer is reasonable and willing to give good advice to their client, both parties may be able to settle most of the divorce issues, if not all of the issues. However, if the other side chooses to be unreasonable in their demands regarding the divorce, there is only one option. GO TO COURT.

What to expect when you come in for your consultation in Virginia?

When you talk with a SRIS, P.C. Virginia lawyer about your divorce in Virginia, try to have an idea as to the value of the separate and marital assets and liabilities. Also, try to have an idea as to how you wish to have custody resolved if you have child(ren).

What will we talk about during our first consultation in Virginia?

First and foremost, we are here to help. You can count on us to be honest with you. We are not the type of lawyer who tells a client what they want to hear so that they can be hired. We will do our best to make the process as easy as possible, both financially and emotionally. We will listen to you and help you identify what is in your best interests. We will not aggressively promote going to court. This does not mean we are scared of trying cases. We simply do not want you to incur unnecessary costs. However, if your spouse is unreasonable or simply nasty and bitter, then we will gladly take the matter to court. Our goal is to help you get a fair resolution and get a divorce.

To settle or not settle your divorce case in Virginia?

No one can force you to settle. Only you can determine if a Virginia divorce settlementis acceptable.

What can I expect once the divorce process starts in Virginia?

One of the first things we will generally do is file a request for discovery in a divorce action. We use the discovery process in a divorce action to flesh out the information you give us. In turn, you will be asked to respond to a discovery request by the other party’s attorney.

There may be an entry of a temporary order. This will usually address the issues of who will stay in the marital home while the divorce is pending; what will be the custody arrangement while the divorce is pending; what support if any is awarded while the divorce is pending; etc.

During this entire process, the parties through their divorce attorneys will be trying to reach a settlement. However, after trying your best to settle the outstanding issues of the divorce, then there is only solution. Let the judge decide. The judge will hear all the issues regarding the divorce and make a determination as to custody, property, support, etc. All of the judge’s ruling will then be written up in the final decree of divorce. The final decree of divorce is an order of the court. Failure to abide by it may result in sanctions to the party disobeying the court’s order.

What do you do if you disagree with the Court’s ruling in Virginia?

You can always appeal the court’s ruling if you think it is not fair. We will advise you as to our opinion regarding the judge’s ruling. However, the ultimate determination as to whether an appeal is filed is always left up to the client. If you accept the court’s ruling and later wish to modify either the issues of support or custody, then you may request a modification provided there is grounds for a modification.

Granting Alimony In Divorce Proceedings In Virginia

Once a couple decides to divorce and starts the actual legal dissolution of marriage proceedings, either one may ask the court for interim financial support. This request is known as pendente lite – or “pending litigation.” This order is often used to provide for the support of a lower-income spouse while the legal process moves ahead.

After the divorce is final, either party may ask for post-marital alimony. Alimony is not an absolute right. The court will determine if alimony is justified by looking at the circumstances surrounding both the divorce and the divorcing couple.

If one party has received interim support, this financial obligation is not automatically extended after the dissolution becomes official. The reasons for granting support before the marriage ended may have changed after the divorce has become final.

The parties may decide on certain terms in their divorce case in a mutually agreeable manner – signing a binding agreement or legal document to that effect. This can include any alimony payments. If the couple does not have such an agreement, or cannot or will not come to terms, the court will step in, making a fair determination based on the facts and testimony submitted by both parties.

This determination is not set in stone – it can be modified when circumstances change, and one party gives the other proper notice and applies to the court for a re-hearing. However, unless there are compelling reasons, courts are generally reluctant to modify a prior existing agreement.

In some jurisdictions, the court always has authority in granting maintenance should one of the former spouses become a public charge – needing public assistance for the basic necessities of life.

Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

Comparing Alimony and Child Support In Virginia

These are two separate arrangements. Alimony is not the same as child support. In child support, one parent is required to contribute financially in order to help raise (support) his or her children, by making structured payments to the child’s other parent or guardian.

Alimony and Taxes In Virginia

Unlike child support, alimony is treated as income to the receiving spouse, and can be taken as a deduction by the person paying. Child support is viewed as payments a parent makes for the support of their own offspring, and can’t be claimed as income or taken as a deduction.

Enforcing Alimony Payments In Virginia

Here is another area where there is a big difference between child support and alimony payments to an ex-spouse. In many states, non-payment of child support is treated as a criminal matter. The defaulting parent can have a host of legal sanctions placed against them, including loss of driver’s or professional licenses as well as actual prison time.

Alimony is treated as a civil matter. Someone trying to recover back alimony can only use the collection procedures available to any other general creditor. They can hire a collection agency to try and recover the funds, or instigate civil proceedings. If the spouse who’s defaulted on the alimony payments has no real assets to seize, the suing partner may get a judgment – but precious little else.

We also cover the following courts in Virginia:
Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.