Knowledgeable Alimony Lawyer in Leesburg, VA and Charlottesville, VA fights for Fair Awards
Experienced legal representation for your spousal support matters
Spousal support, also known as alimony, is an amount the court orders one spouse to pay the other in a divorce or separation. At Joseph & Mische, P.C., our alimony lawyers in Charlottesville and Leesburg help you understand Virginia alimony law as it applies to your circumstances, and we guide you through every step of the process. We have extensive experience with the intricacies of spousal support, including imputation of income, and we have represented wives and husbands in spousal support cases.
Key points to know about alimony in Virginia
The reason for alimony is to help ensure that divorce does not unjustly enrich one spouse while inflicting financial hardship unfairly on the other. Alimony in Virginia is gender-neutral, so either the husband or the wife may be ordered to pay, and either husband or wife may receive. There are three types of alimony under Virginia law:
- Pendente lite — This is temporary spousal support during the divorce process.
- Rehabilitative — This is support for a specific length of time to allow the dependent spouse to become self-supporting.
- Permanent — Generally reserved for long-term marriages or for spouses who cannot be expected to become self-supporting, this type of alimony continues indefinitely. It terminates upon the death of either spouse or the remarriage or long-term cohabiting of the recipient spouse.
In Virginia, the court may also reserve the right of a spouse to request alimony in the future. There are generally three ways spousal support gets decided:
- Through a negotiated or mediated agreement, as part of an uncontested divorce
- Under the terms of a valid premarital agreement
- By a court order after a trial on the issues
Our divorce attorneys work diligently so that our clients — whether they’re seeking support or may have to provide it — achieve a fair spousal support order, even in the most complex cases.
What factors determine spousal support in Virginia?
There are many factors the family law court considers to determine eligibility, duration and amount of spousal support under Virginia Code § 20-107.1:
- Each spouse’s financial resources
- The standard of living established during the marriage
- The length of the marriage
- The age, physical and mental condition of each person and any special circumstances of the family
- The extent to which the age, physical or mental condition or special circumstances of any child would make it necessary for a spouse to not seek employment outside of the home
- Each spouse’s monetary and non-monetary contributions to the well-being of the family
- The spouses’ property interests, both real and personal, tangible and intangible
- The provisions made with regard to the marital property
- Both spouses’ earning capacities, including their skills, education and training and the present employment opportunities for persons possessing such earning capacity
- The opportunity, ability, time and costs involved for a spouse to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
- The decisions regarding employment, career, economics, education and parenting arrangements made by the couple during the marriage and their effect on present and future earning potential, including the length of time one or both of the spouses have been absent from the job market
- The extent to which a spouse has contributed to the education, training, career position or profession of the other spouse
- Consideration of tax consequences for each spouse
We use our knowledge and experience to draw the court’s attention to all pertinent factors and related facts that could sway a spousal support decision in your favor.
Trust our Charlotte and Leesburg alimony lawyers to protect your financial interests
No matter the circumstances, you want to come out of your divorce in the most secure financial position possible. Call the Charlottesville office of Joseph & Mische, P.C. at 434.260.8749 or the Leesburg office at 703.777.7740, or contact the firm online to schedule a confidential appointment.