Virginia Divorce Attorney's Quick Facts about Spousal Support
As your marriage is ending, you probably have many questions and concerns related to finances. The period following a divorce is often filled with financial changes, and it helps to be prepared. With the help of your Virginia divorce attorney, you can approach the issue of spousal support knowing that your rights will be represented in the case.
Those who are approaching divorce sometimes have misunderstandings about spousal support, or are not sure about the type and duration of spousal support available. It can be a tricky topic to make definite statements about because each case is unique. It helps to have good legal counsel on your side to tell you how the law applies to your case.
Overview of Spousal Support
While there are no guarantees when it comes to spousal support, there are some quick facts that can give you a general overview on the topic.
- Both men and women can receive spousal support. While it's more common to hear of women being awarded spousal support, gender is not what determines the decision. Men can be and have been the recipients of spousal support in cases where the parties' financial and family situations warranted it.
- The amount of spousal support is determined by a number of factors, but many people ask whether there is a specific formula used to calculate the amount. There is; it's called the Fairfax formula, and it is often used to determine the amount of temporary spousal support payments.
- The duration of spousal support also depends on quite a few factors. In Virginia, there's more than one type of spousal support, and the type awarded is determined by looking at the duration of the marriage, each party's contribution (monetary and non-monetary) to the marriage, the age and overall health of the divorcing spouses, each party's ability to work, and more. The court may award temporary, rehabilitative, or permanent spousal support (or a combination) depending on the details of the case
- There's a misconception that a couple needs to be married for 10 or more years in order for spousal support to be awarded; this is not accurate. While there is no specific number of years that a couple needs to be married in order to receive spousal support, the court will often take duration of marriage into consideration and may be unlikely to award support in a case involving a short-lived marriage.
Contacting a Virginia Divorce Attorney
The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there’s also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.
A Virginia divorce attorney at Hofheimer Family Law Firm can examine the specifics of your case to help you decide how much support to ask for, what child custody arrangement will work best and how to fairly divide your marital assets. Request a FREE copy of our divorce book for women in Virginia or reserve your seat at our monthly divorce seminar – 757-425-5200.