Spousal Support / Alimony Attorney in Manassas, Virginia

If you are the financially dependent spouse in a marriage, one of the toughest parts of getting a divorce may be finding answers to questions regarding how you will support yourself. It is not uncommon for one spouse to be the primary income earner, with the other spouse performing most of the duties related to caring for the home and children. While this is a common arrangement, it can be very hard for a spouse who has not worked – and perhaps does not have any higher education or training – to acquire a job and provide income for living expenses. When this is the case, spousal support may be part of a divorce settlement.

At Olmstead & Olmstead, P.C., we have over two decades of experience representing clients for all types of family law matters. We understand the complexities of Virginia alimony/spousal support laws, and what factors the courts generally rely on to determine if one of the parties in a divorce is eligible to receive spousal maintenance, the amount of support that is usually awarded, and the duration in which the support payments should be made. We work closely with our clients, taking the time to listen and understand their needs and advocate forcefully for their rights and interests.

If you considering filing for divorce in Virginia, here are some important things you need to know about spousal support:

When Is Spousal Support Ordered in Virginia?

The decision to award spousal support is not taken lightly by Virginia courts. A judge must first determine that such an award is appropriate before even considering the amount or duration. The court’s primary goal is to assess whether one party has a genuine need for financial assistance and whether the other party has the ability to pay. This initial assessment involves a deep dive into the history of the marriage, the financial contributions of each spouse, and the events that led to the divorce.

A major factor the court will consider is the conduct of the parties during the marriage. This includes any actions that may have contributed to the breakdown of the relationship. Virginia law specifically addresses the issue of adultery. 

If a spouse has committed adultery, it may be a complete bar to receiving spousal support, even if they have a clear financial need. The law considers this a form of marital fault that can disqualify a spouse from receiving financial aid from the person they betrayed. This isn’t a hard and fast rule, however. 

The court can still award spousal support to the adulterous spouse if a denial would cause a “manifest injustice.” This typically happens in long-term marriages where the dependent spouse has a severe disability or is of an advanced age, making them unable to ever become self-supporting. The legal system seeks a balance, but the presence of adultery significantly complicates the case for the spouse seeking support.

Once the court has determined that spousal support is warranted, it then turns to a detailed list of factors outlined in Code of Virginia Section 20-107.1 to calculate the amount and duration of the payments. This is where the process becomes highly personalized and specific to each couple’s unique situation. The court doesn’t use a simple formula; instead, it weighs all of the following elements to arrive at a fair and equitable decision:

• The Needs and Financial Resources: The court will scrutinize the income, expenses, and overall financial health of both spouses. The goal is to determine the true needs of the dependent spouse and the ability of the other spouse to pay without becoming financially destitute themselves.
• Duration of the Marriage: This is a key factor. A short-term marriage (less than five years) is unlikely to result in a long-term or permanent support award. Conversely, a marriage that lasted several decades is more likely to result in a substantial or even permanent support order, reflecting the length of the financial partnership.
• Standard of Living: The court will consider the lifestyle the couple enjoyed during the marriage. The goal of spousal support is often to help the dependent spouse maintain a similar, though not necessarily identical, standard of living as they had while married, if possible.
• Age and Health of the Spouses: A younger, healthier spouse is generally expected to become self-sufficient more quickly than an older spouse or one with a chronic health condition. These factors directly influence the duration of the support order.
• Ability to Seek Employment: The court will evaluate the career potential of each spouse. If one spouse has been out of the workforce for many years to raise children, they may need time and financial assistance to re-enter the job market.
• Financial Assets and Property: The division of marital property is considered alongside spousal support. A spouse who receives a significant portion of the assets, such as the marital home or a large investment portfolio, may have a reduced need for spousal support.
• Skills, Education, and Earning Capacity: The court will look at the professional skills and educational background of both spouses to determine their respective earning potentials. A spouse with a professional degree and high earning capacity will likely be ordered to pay more than a spouse with limited job skills.
• Contribution to the Other’s Career: This is a crucial factor. If one spouse put their own career on hold or worked to support the other through higher education or career advancement, the court may award support to compensate for that sacrifice. This recognizes the dependent spouse’s non-monetary contribution to the family’s financial well-being.
• Tax Consequences: The tax implications of spousal support payments are also considered. In many cases, these payments are taxable income for the recipient and deductible for the payer, and the court will take this into account when setting the final amount.
• Other Factors: The court retains the discretion to consider any other factor it deems relevant to the case, ensuring that each decision is as fair and comprehensive as possible.

Is Spousal Support Permanent in Virginia?

The question of whether spousal support will be permanent or temporary is one of the most common concerns for divorcing spouses. In Virginia, the answer is usually no, spousal support is not permanent. Most spousal support awards are rehabilitative in nature, meaning they are intended to provide the receiving spouse with a bridge to financial independence. The court sets a specific timeframe for the payments, believing that within that period, the recipient will be able to secure employment and become self-sufficient. This could be a few months, a few years, or even a decade, depending on the factors listed above.

However, permanent spousal support is still a possibility, particularly in long-term marriages where the dependent spouse has been out of the workforce for many years and is approaching retirement age. For instance, in a 30-year marriage where one spouse was a homemaker and is now 60 years old, the court might decide that it is simply not feasible for them to re-enter the workforce and build a career. In such cases, a permanent award ensures they can maintain a reasonable standard of living.

Regardless of whether the award is temporary or permanent, all spousal support payments in Virginia are automatically terminated under specific circumstances. The most common termination events are the death of either party or the remarriage of the receiving spouse. 

If the recipient spouse gets remarried, their new spouse is expected to assume the financial support role, and the obligation from the former spouse ceases. In some cases, spousal support may also be terminated if the recipient spouse is cohabiting with another person in a relationship “analogous to marriage.” The paying spouse can petition the court to terminate the support if they can prove this cohabitation is occurring.

In summary, spousal support in Virginia is a complex legal issue with many variables. It is not guaranteed and its specifics are highly dependent on the unique circumstances of the marriage. The court’s detailed evaluation of each case ensures that any spousal support award is fair and based on a comprehensive understanding of the financial and personal history of the couple.

Changing a Spousal Support Award at a Later Date

While some issues in a divorce judgement cannot be modified at a later date, the details of a spousal support award can be changed when circumstances warrant an adjustment. For example, if a spouse that is paying spousal support loses his or her job or suffers a significant financial loss, amending a spousal support award may be reasonable and necessary. To modify a spousal support order, a petition for modification must be filed with the court.

Prior to July 1, 2018, if a divorce decree or marital settlement agreement was silent about whether or not a spousal maintenance award could be modified, it was generally presumed by the courts that the award was fixed and could not be changed. Virginia Senate Bill 614 amended the law to require that divorce decrees and settlements include explicit language barring the spouses from modifying support payments. In the absence of such language, it can now be presumed that spousal support awards can be changed if the circumstances warrant it.

Getting the Amount of Spousal Support You Deserve

When you and your spouse are separating, getting the amount of spousal support that you need and deserve may be essential to your future. If you are a spouse who will likely be ordered to pay spousal support, protecting yourself from paying too much is essential to your well-being.

The good news is that you may have some control over how much you receive/pay; couples have the option of agreeing to a spousal support amount outside of court. This can be done through collaborative divorce, mediation, or back-and-forth negotiation. In fact, the amount of spousal support that a party may be ordered to pay is only left up to a judge in the event that a couple cannot come to an agreement on their own. Reaching an agreement out of court is the ideal outcome, and this is our goal whenever possible. Not only does settling alimony/spousal support issues out of court give you more control over the final outcome, it is also less expensive, time consuming, and stressful.

The Tax Implications of Spousal Support

Divorces finalized on January 1, 2019 or thereafter are subject to important changes in the federal tax code. Prior to these changes, payor spouses were able to deduct spousal support payments on their federal income taxes, and receiving spouses were required to claim these payments as income. Under the new law, payor spouses can no longer deduct alimony payments and receiving spouses no longer need to report it as income.

These changes are significant because, in cases in which the courts determine that spousal support is warranted, the payor spouse is usually in a much higher tax bracket. The deductibility of alimony payments often allowed the payor spouse to move into a lower bracket with a lower tax rate while keeping the receiving spouse in the same tax bracket, thus creating more overall net income between the two spouses. Changes in federal tax law regarding spousal maintenance and the consequences of these changes must be taken into account when determining the amount of alimony that should be awarded.

Paying Spousal Support Is Not Optional

When a party is ordered to pay spousal support, making these payments in full and on time is not optional, and court orders are enforceable. In fact, if spousal support payments are not being made, the party who is supposed to receive spousal support may seek enforcement of the court order, which could result in the amount of support owed automatically being deducted from the paycheck of the party who is obligated to make payments.

How Working with an Experienced Virginia Spousal Support Attorney Can Help

Working with an experienced attorney can help you to recover the amount of spousal support that you are entitled to, or to protect you from being ordered to pay a spousal maintenance award that you believe is unfair or unreasonable. Your attorney will conduct a thorough review of your finances, as well as your spouse’s finances to determine whether an alimony award is appropriate, and if so, how much it should be and how long it should last.

Your attorney will help present your side of the issue to your spouse and his or her legal team, negotiating on your behalf for an amount that is fair. In the event that an agreement cannot be reached out of court, your attorney will be prepared to present your case to the court and aggressively litigate on your behalf.

At the law offices of Olmstead & Olmstead, P.C., we know how important an alimony/spousal support award may be if you are going through a divorce. When you need the representation of a legal professional you can trust to work hard for your best interests, our legal team is here to help. Please visit us today to request a consultation or call us at 703-361-1555. You can also send us a secure and confidential message through our online contact form.