How is the amount of spousal support decided?
How much spousal support will be awarded in your divorce? A Newport News divorce attorney can provide guidance during the process and help you figure out the amount of alimony likely to be awarded.
Forms of spousal support have been part of divorce throughout the course of history. It has long been understood that when two people get married, they are making a long-term commitment to one another. Even when they mutually decide to part, they still retain some responsibility to each other and to the children of their union.
Up until fairly recently, it was expected that the male partner be the one to pay spousal support, because men were often the chief breadwinners. Today, the laws have changed to reflect the times, and spousal support orders are based on income as well as other factors, not simply on gender.
Formula for Temporary Spousal Support
People facing divorce often ask the question, “What amount of spousal support will the court order?” There is no set answer to this question. If spousal support is ordered, the higher earning spouse will pay a certain amount to the lower earning spouse, but the details depend on many factors.
Concerning temporary spousal support, the Virginia Code Section 16.1-278.17:1 lays out a formula to be used if the couple has minor children:
- 28 percent of paying spouse’s income;
- 58 percent of receiving spouse’s income; and
- subtract line two from line one.
It also lays out a formula to be used if the couple does not have minor children in common:
- 30 percent of paying spouse’s income;
- 50 percent of receiving spouse’s income; and
- subtract line two from line one.
Determining Final Spousal Support Order
Of course, this refers to temporary support and the permanent support may be different.
In determining the final amount of spousal support in the divorce agreement, the court may consider:
- the length of the marriage;
- the standard of living;
- any contributions the ex-spouses made to the family;
- property belonging to the parties; and
- age and health of the parties.
In most cases, the purpose of Virginia spousal support is to allow the lower-earning partner to recover from the financial loss that divorce would bring and to become self-sustaining. That's why in many cases involving young, healthy couples, the judge may order rehabilitative spousal support, which allows the lower earner to get by until he or she can find a job or get an education toward a skill.
A judge may order permanent support in cases where the lower earning party is:
- elderly;
- ill; or
- disabled.
The couple is also free to work out what type of spousal support arrangement works for them. They can accomplish this by negotiating a separation agreement with the help of a Newport News divorce attorney.
Contacting a Newport News Divorce Lawyer
There are very specific rules governing divorce in Virginia. At Hofheimer/Ferrebee we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our divorce guide for women in Virginia, or reserve your seat at our monthly divorce seminar – Call 757-425-5200 to speak with a Newport News divorce attorney.
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