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A: The Commonwealth of Virginia does not have an official formula that is used to determine the amount of ordered spousal support; however, different courts have developed their own formulas for temporary and long-term Virginia spousal support orders. Currently, Fairfax, Richmond, and Harrisonburg use formulas when determining the amount of Virginia spousal support as part of a Virginia divorce.
Formulas are most commonly used when determining the amount of temporary Virginia spousal support. Because the court must make a decision quickly, and does not have time to hear witnesses or look deeply into the 13 different factors used to determine spousal support in Virginia, a formula can help a spouse get the support they need until a final spousal support determination is made.
The Fairfax formula is sometimes used as a model for other courts when determining the amount of temporary Virginia spousal support.
The Fairfax court looks at the following figures:
•1. Paying spouse's income x 28%
•2. Receiving spouse's income x 58%
•3. Line 1 minus Line 2 is the amount of suggested Virginia spousal support
While the court may use a formula to determine the amount of temporary Virginia spousal support you may receive, there are 13 other factors that will be considered to determine the final amount of spousal support. These factors include age, mental condition, and physical condition of each spouse as well as each spouse's amount of income, debt, and needs.
Contacting a Virginia Spousal Support Lawyer
If you are thinking about divorce, you need an experienced Virginia spousal support lawyer on your side. Our Virginia spousal support lawyers care about your rights, the welfare and happiness of your children, and your financial security. Let us use our unique experience and legal expertise to help you focus on your goals for the future and your family. To learn more about Virginia spousal support, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.
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