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How is spousal support determined in Virginia?

On Behalf of | Jul 9, 2020 | Family Law

During divorce, spousal support may be awarded based on certain factors. Spousal support is an important issue in many divorces which is why understanding what those factors are and how it is determined can be helpful for divorcing spouses.

When considering whether or not to award spousal support, in what amount and for how long, the family law court will make several different considerations and take several different factors into account. Spousal support payments may come to an end according to the court’s order or if either spouse dies or the recipient spouse remarries or cohabitates in a marriage-like way. In addition, it may be possible to modify spousal support so divorcing spouses may want to be familiar with that process for down the road.

Factors the court will look at to determine spousal support can include the incomes and financial needs of the divorcing spouses; the age and mental and physical health conditions of the divorcing spouses; the duration of the marriage; the standard of living enjoyed during the marriage; if one spouse contributed to the education or training of the other spouse or contributed to the earning potential of the other spouse; if the age of any child at home, or other special circumstances, would make it appropriate for one of the spouses to remain in the home; and the property interests of the divorcing spouses.

Based on a careful consideration of these factors, the family law court will look at whether or not to award spousal support and the duration and amount of any spousal support award. Spousal support can be a major concern during many divorces so divorcing spouses should be prepared which includes understanding how the spousal support process works during a Virginia divorce.