Spousal Support Attorneys

Alimony refers to the financial support that one spouse provides to the other spouse (also known as spousal support or maintenance). In order to determine what factors the court considers when determining if, how much, and to whom alimony will be paid, you should consult with an experienced family law and spousal support attorney.

Types of Spousal Support

In Virginia, alimony can be temporary (i.e., pending the litigation), permanent, or for a defined duration (i.e., a specified number of months or years). Spousal support can be paid in a lump sum or periodic payments, such as monthly payments.

Additionally, the court has the authority to award a reservation of spousal support if there is no active spousal support award made. A reservation of spousal support means that the court reserves a party’s ability to request spousal support in the future (i.e., post-divorce).

Generally speaking, permanent spousal support awards tend to occur in long-term marriages. Defined duration awards tend to occur in short-term marriages. Periodic payments are the preferred method for spousal support obligations. However, the court has the authority to award lump sum spousal support (typically a large, one-time payment) in addition to, or in lieu of, periodic payments. Lump sum spousal support tends to be awarded when there is a specific need for a lump sum, such as a need to acquire housing.

Factors in Determining Spousal Support

In determining whether to award spousal support and, if so, how much and for how long, the court is required to consider a number of statutory factors. In addition, the court is required to consider the cause of the dissolution of the marriage and whether any statutory bar to spousal support exists. Ultimately, spousal support is based on the need of the recipient spouse balanced against the other spouse’s ability to pay.

Factors the court must consider in deciding spousal support include the duration of the marriage, the standard of living established during the marriage, each party’s income and financial resources, and the monetary and non-monetary contributions of each party to the marriage.

Spousal support issues can involve a number of complexities. The attorneys at Shannon Otto Law are knowledgeable and experienced in negotiating and litigating spousal support. Contact Shannon Otto Law to discuss your spousal support case. Whether you need assistance in establishing an initial spousal support award or a modification or termination thereof, Shannon Otto Law can assist you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.