Spousal Support

In Virginia divorce cases, courts have the ability to award spousal support to a spouse.  In some states, this is called “alimony”. Spousal support is meant to require one spouse to assist the other spouse in maintaining a certain quality of life.  

There are two types of spousal support in Virginia:

1.   Pendente Lite Spousal Support

Pendente lite means “while the suit is pending.”  Pendente lite spousal support is awarded to one party while the divorce case in ongoing.  For pendente lite spousal support, the courts use a calculation to determine the presumptive amount of spousal support.  The calculation is:

If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 26 percent of the payor spouse's monthly gross income and 58 percent of the payee spouse's monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 27 percent of the payor spouse's monthly gross income and 50 percent of the payee spouse's monthly gross income. (VA Code § 16.1-278.17:1(C))
    
This calculation is the presumptive amount.  However, each case presents different facts that may result in a different amount.  Contact Ernest Law Group to discuss your individual case with a knowledgeable attorney who can help determine what pendente lite spousal support might be awarded in your case.

2.   Ongoing Spousal Support

In a Final Decree of Divorce, Virginia divorce courts can award a party spousal support either for a specific period of time or indefinitely.  The court does not use a calculation in determining ongoing spousal support in a final decree.  Instead, they consider a number of factors based on the specifics of each case.  Some of these factors are the length of the marriage, the income and financial requirements of each party, any fault grounds, and the contributions of each party to the well-being of the family throughout the marriage.

Contact skilled Virginia divorce attorneys

At Ernest Law Group, our experienced divorce attorneys can work with you to help understand which factors the court will consider in your specific case and what that might mean for your financial situation.  Call us at 757-996-5927 or contact us online to schedule a consultation with a qualified family law attorney.