Thursday, June 6, 2013

Spousal Support in Virginia

Spousal support is one of the first thing many people think about when they are getting a divorce: Will I get any? How much?  Will I have to pay spousal support?

Spousal support, in Virginia, is not guaranteed to a spouse upon a divorce.  There are many, many factors that a court must take into account and consider before awarding spousal support.  These factors include, but are not limited to standard of living during the marriage, duration of the marriage, monetary and non-monetary contributions to the well being of the family, earning capacity, etc.

Due to the variety of the factors, it is impossible to predict if a court will award spousal support and if they do award spousal support, how much.  Each case is different and even with similar facts, judges may weigh certain factors differently than other judges which could result in very different decisions.  This is one reason many people attempt to negotiate a spousal support agreement rather than ask the court to decide.  

If you are serious about wanting to pursue spousal support, you should contact an attorney immediately as it is an issue that you could unintentionally waive very early on in the process if you are not careful.