A tough, no nonsense divorce and custody lawyer for women only who reside in Virginia Beach and Newport News.
Myth #6 - Spousal Support in Virginia is a Fixed Payment Schedule
While it may seem natural to assume that spousal support payments are scheduled as a monthly payment, this is not always the case with a Virginia divorce. Alternate spousal support payment plans include:
one lump sum payment; or
a "step-down" payment plan where the amount is reduced over time (to allow the recipient time to obtain an additional source of income).
Myth #7 - Spousal Support in a Virginia Divorce Cannot be Changed
When a spousal support agreement is made, it is not necessarily unchangeable. In a Virginia divorce, support agreements can be modified or terminated in certain circumstances. Long-term support is terminated when the recipient re-marries or upon the death of either spouse. In some cases, spousal support in Virginia may be modified if the original binding contract allowed for such a change. Consult with your attorney to see if this is applicable in your case. Myth #8 - Length of Marriage is not a Factor in Spousal Support
Another spousal support myth in Virginia divorce cases is that the longer you were married, the longer you will receive support. This is not true. While the length of your marriage is a factor in determining support, a judge will also take into consideration the following:
age;
ability to earn income;
assets or property;
health; and
education.
Myth #9 - Age is not a Factor in Spousal Support
Many people believe that age is not a factor in determining spousal support, when, in fact, it is. A judge will consider age when determining spousal support in Virginia because it relates to other factors such as the ability to get a job and become self-supportive. Myth #10 - Spousal Support is a Guarantee
One myth about spousal support in Virginia is that it is guaranteed. This is not true. In fact, spousal support is becoming less common in cases of Virginia divorce. This might be related to the increase in households with 2 sources of income. Regardless, spousal support in Virginia cannot be assumed. It is increasingly rare and the amount of the spousal support award is decreasing, as well. Contacting a Virginia Beach Divorce Attorney
The Virginia Beach divorce attorneys at Hofheimer/Ferrebee are committed to fighting for your rights, assisting in child custody disputes and advocating that you receive everything you are entitled to and need in order to start your new life.
What Every Virginia Woman Should Know About Divorceis full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits