During the divorce process in Alexandria, spousal support is a significant matter to resolve, as it can impact the financial security of a divorcing spouse. Whether you need help filing for temporary relief during your divorce or need to fight for spousal support following your divorce, a skilled Alexandria spousal support and family law attorney from Taylor Huguley Powers PLLC can help.
The dedicated legal team at Taylor Huguley Powers PLLC understands the uncertainty that a divorce presents, especially with the impact it will have financially. Fortunately, with a demonstrated track record and an in-depth knowledge of spousal support law, our team has years and years of experience helping clients in Alexandria get the support they need to move forward with their lives.
Spousal Support Payments in Alexandria, Virginia: What You Need to Know
In Virginia, spousal support is a legal obligation for the higher-earning spouse to pay support to the lower- earning spouse during and following the divorce. While contested divorces may ultimately end in trial, spousal support arrangements can be agreed upon outside of the courtroom through negotiations and mediations.
Spousal support can be required on a temporary basis, meaning that payments are only made prior to the finalization of the divorce, for a defined duration, meaning support is paid for a certain, defined number of years following the divorce, or it may be “permanent,” meaning support is paid for an undefined duration following the divorce. Spousal support may also be paid in a lump sum amount rather than monthly or periodically, meaning that all the support owed is paid in one transaction.
As a general rule, permanent spousal support is awarded indefinitely until one of the following events occurs:
- The former spouse receiving payments remarries,
- The former spouse receiving payments cohabitates with a new partner for a significant period of time, or
- Either former passes away.
Also, even “permanent” spousal support is rarely permanent and is often modified or terminated as the parties age and the paying spouse retires.
Many cases, including those involving shorter marriages, may have rehabilitative alimony or spousal support awarded. This means that spousal support payments are made for a set duration of time to give the recipient spouse an opportunity to get back on his or her own feet financially. Such an award may be appropriate when the recipient spouse has been out of the work force for an extended period of time and needs new education or training to increase earning capacity.
How an Alexandria Spousal Support Lawyer Can Help You
An experienced lawyer from Taylor Huguley Powers PLLC is ready to help you solve your spousal support challenges. Whether you are seeking an initial determination of spousal support, a modification of support, or an enforcement action, we can give you the following legal support:
- Initial consultation. During an initial consultation, we will learn about your needs and the financial situation of your case. By having an understanding of your needs and the facts in your case, we can offer possible approaches and legal options to get a favorable outcome.
- Mediation. Outside of the courtroom, we can work to establish a just and fair spousal support arrangement that fits the unique details of your situation. During mediation, we can work to preserve an amicable relationship between you and your divorcing spouse while ensuring that your rights and interests are protected.
- Litigation. If the parties involved are unwilling or unable to negotiate a just and fair settlement, spousal support will be determined by the court. A skilled attorney from our firm can represent you at trial, present evidence and offer legal arguments to strenuously advocate for your rights.
FAQs
In Virginia, spousal support is determined after the consideration of many factors, including the length of the marriage and the standard of living during the marriage, the financial circumstances and potential earning capacity of each spouse, and the positive and negative monetary and nonmonetary contributions that each spouse made during the marriage. A seasoned attorney can help you understand how these factors may impact the spousal support you pay or receive.
The length of time spousal support lasts in Virginia varies depending on many different factors and support can be temporary, rehabilitative, or permanent. A skilled lawyer can help you obtain a just and fair spousal support agreement or award from the court for the amount and duration you need.
Yes, it is possible for spousal support to be modified in Virginia. There must, however, be a significant change in circumstance since the last spousal support order that warrants a modification in the amount and/or duration of the support payments. For example, if the former spouse making the spousal support payments loses his or her job, through no fault of his/her own, or if the former spouse receiving support returns to full-time employment, this could be grounds for a modification. If you believe a modification is due in your case, an experienced attorney can help you navigate the process.
As of January 1, 2019, spousal support payments are not tax deductible by the payor or taxable income for the payee. Spousal support ordered before this change is likely tax deductible by the payor and taxable income for the payee unless the agreement or order clearly states otherwise. The tax consequences of spousal support ordered before this time but modified after 2019 may or may not be affected by this change. A spousal support attorney at Taylor Huguley Powers PLLC can help you understand the tax implications of your spousal support arrangements.
Pave a Just Financial Path Forward With an Alexandria Spousal Support Lawyer
Spousal support, or alimony, is a crucial factor in many divorces, ensuring each party has financial stability following the separation. An experienced Alexandria spousal support lawyer from Taylor Huguley Powers PLLC is here to fight for fair and just resolutions, advocating fiercely for your rights. Whether you need to contest paying support or fight to receive support, schedule a consultation with our team to start discussing your case.