Virginia Spousal Support Lawyer
What Virginia calls spousal support is probably better known as alimony. As a Virginia spousal support lawyer, I can defend your spousal support legal rights.
read below how spousal support is determined in virginia
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Qualifying for Spousal Support
Before you can begin receiving spousal support, you must first qualify for spousal support. Normally, a spouse who is less financially independent than the other party will qualify for spousal support.
Things like adultery that led to the end of the marriage are what can disqualify you from receiving spousal support.
If you have questions about qualifying for spousal support, call the Virginia spousal support lawyer at American Lawyers Group today.
Determining Spousal Support
Unlike child support, which is a very rigid and sophisticated formula, spousal support is more arbitrary.
Virginia courts will look at many factors when they are determining the duration and amount of spousal support.
Virginia courts consider how long the marriage lasted, the standard of living to which each party grew accustomed, the opportunity costs on the job market and in education, as well as many other factors.
In weighing the factors of spousal support, courts have a leeway. For example, Virginia allows judges to consider voluntary unemployment and voluntary underemployment.
If the court finds that a spouse is not working or is choosing to work less than they could, the court can essentially pretend their income is greater than it really is.
This can have a major impact on spousal support amounts.
How Long Does Spousal Support Last?
To decide how long spousal support lasts, Virginia courts use the same factors they examined to determine the amount of spousal support.
Normally, Virginia courts will make spousal support last for half the duration of the marriage. So a ten-year marriage will lead to five years of spousal support.
However, there are some facts that will end spousal support. For example, the other party remarrying will end spousal support.
If you have questions about how long your spousal support could last contact the attorneys at American Lawyers Group now.
Modifying Spousal Support
Spousal support in Virginia is modifiable as long as it doesn’t fall into one of two exceptions.
Spousal support is not modifiable if it is from a valid out-of-court agreement between the parties made before July 2018 and does not say the support can be modified.
Additionally, spousal support cannot be altered if it is from an agreement after July 1, 2018, that explicitly says spousal support cannot be modified.
This confusing technicality of contract law is why you need the spousal support attorneys at American Lawyers Group to help you draft any spousal support agreements.
If your spousal support can be modified, it would have to be because of a substantial change to the circumstances of your original spousal support order from the court.
For example, if you are paying spousal support, but your previous spouse has remarried or entered into a relationship that you believe is analogous to a marriage, you may be able to modify your spousal support.
If you want to ask a Virginia spousal support attorney with years of experience about modifying your spousal support, call American Lawyers Group today.
What is the Pendente Lite?
Under §20-103, Virginia courts are allowed to issue orders of temporary support called pendente lite.
These were originally meant to be orders of spousal support paid in emergency situations until the case could make it to trial.
However, many Virginia courts will issue them more freely than they were originally intended.
Once the trial has concluded, courts will either increase the support, lessen it, keep it, or get rid of it all together based on the facts of the case and the arguments of the attorneys.
This is why you need one of the skilled trial attorneys at American Lawyers Group to present the best case for you
Under §20-103, Virginia courts are allowed to issue orders of temporary support called pendente lite.
These were originally meant to be orders of spousal support paid in emergency situations until the case could make it to trial.
However, many Virginia courts will issue them more freely than they were originally intended.
Once the trial has concluded, courts will either increase the support, lessen it, keep it, or get rid of it all together based on the facts of the case and the arguments of the attorneys.
This is why you need one of the skilled Virginia Spousal Support Lawyers at American Lawyers Group to present the best case for you.
Why You Need a Virginia Spousal Support Lawyer?
Virginia spousal support can be confusing. The courts use old Latin phrases to describe their orders, contract law and very specific drafting terms can make a massive difference in cases, and laws change often.
The factors the court weighs can seem arbitrary, abstract, and numerous.
You need the Virginia spousal support lawyers at American Lawyers Group to help you navigate the processes and laws of qualifying for spousal support, modifying spousal support, and determining how long your spousal support lasts.
Call the Virginia Spousal Support Lawyer at American Lawyers Group now for a free consultation.