Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. Spousal support is one of the biggest issues in divorce, and there are plenty of myths about how it is awarded and to whom. Be informed. Work with your attorney to learn about spousal support in Virginia and how it will affect you.
Myth #1 - Spousal Support in Virginia is Gender Based
The No. 1 myth about spousal support in cases of Virginia divorce is that it is gender based. Many people believe that the men in divorce cases automatically have to pay support to their ex-wives. This is not the case.
Support is awarded based on a variety of factors, such as:
It is quite possible that if the wife is the higher wage earner in the marriage, she could be required to pay spousal support to her ex-husband.
Myth #2 - Spousal Support Depends on Children
Another myth is that you will not be awarded spousal support in Virginia unless you have children. The existence of children in a marriage is not a requirement when determining spousal support. Child support is different from spousal support. While the number of children in a marriage may have some bearing on the amount of spousal support awarded, it does not mean that marriages without children are exempt from spousal support in Virginia divorce cases.
Myth #3 - Spousal Support Continues Indefinitely
Be careful of believing the myth that spousal support in Virginia lasts forever. It doesn't.
In fact, spousal support can be paid as one lump sum, or it can be terminated for a variety of reasons, including:
Myth #4 - Spousal Support in Virginia Cannot be Legally Enforced
Assuming that spousal support is not a legally binding agreement in a Virginia divorce can get you in trouble. Once awarded, spousal support is an enforceable court order. Failure to make the required payments can lead to legal consequences for the delinquent spouse.
Myth #5 - Spousal Support in Virginia does not Affect Taxes
Another myth about spousal support is that it has no bearing on taxes. In reality, spousal support is considered a source of income for the recipient and is taxed as such. On the other hand, it is a deduction for the payer. It is important to consider the tax consequences of spousal support before agreeing to an amount or payment schedule in a Virginia divorce.
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What Every Virginia Woman Should Know About Divorce is 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
-- 38 Financial Records you should be aware of
-- 20 steps to prepare for divorce
-- 7 stages of divorce
-- 40 age-appropriate books about divorce for children
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