Family LawSeparationHow Much Will I Get in Spousal Support?

February 27, 2024

“How Much Do I Get in Spousal Support?”

When going through a divorce, one of the key issues that often arises is spousal support, also known as alimony. Spousal support is a financial payment made by one spouse to the other during and/or after a divorce. The purpose of spousal support is to ensure that both spouses can maintain a reasonable standard of living post-divorce, especially when one spouse may have sacrificed their own career or earning potential for the benefit of the marriage.

So, an important question on many individuals’ minds is, “How much will I get in spousal support?” The answer to this question can vary significantly based on a number of factors, and it’s essential to understand how Virginia law approaches the issue of spousal support.

Under Virginia law, the determination of spousal support is not a one-size-fits-all approach. Instead, the court looks at a variety of factors to make a fair and equitable decision. Some of the key factors considered include:

  • The contributions, monetary and non-monetary, of each party to the well-being of the family;
  • The earning capacity, education, and skillset of each party;
  • The duration of the marriage and the standard of living established during the marriage;
  • The age and physical/mental condition of each party;
  • The financial needs and resources of each party;
  • The circumstances that led to the dissolution of the marriage;
  • Any other factors the court deems relevant.

It’s important to note that there is no set formula or calculator for spousal support in Virginia. Each case is unique, and the court will consider all relevant factors to make a fair decision.

Types of Spousal Support in Virginia

In Virginia, there are three main types of spousal support that may be awarded:

  • Permanent spousal support: This type of support is typically awarded in long-term marriages where one spouse may need financial assistance indefinitely. Permanent spousal support may be modified or terminated based on changed circumstances.
  • Rehabilitative spousal support: This type of support is awarded to help a spouse become self-supporting. It may be provided for a specified period to allow the recipient to obtain education, training, or work experience.
  • Temporary spousal support: Temporary support is awarded during the divorce proceedings and is intended to provide financial assistance until a final spousal support order is issued.

The type and amount of spousal support awarded will depend on the specific circumstances of each case.

Modifying Spousal Support in Virginia

It’s important to understand that spousal support orders are not set in stone. Circumstances may change, and either party can petition the court to modify the spousal support order if there has been a material change in circumstances. For example, if the paying spouse loses their job or the recipient spouse obtains a higher-paying job, it may warrant a modification of the spousal support order.

When seeking a modification of spousal support, it’s crucial to work with an experienced divorce lawyer who can navigate the legal process and advocate for your interests.

Conclusion

Ultimately, the amount of spousal support you may receive in a Virginia divorce will depend on various factors and the specific circumstances of your case. If you have questions about spousal support or other divorce-related matters, it’s essential to seek legal guidance from a knowledgeable and dedicated attorney.

At Magee Goldstein, we are experienced in handling contested divorce cases and have a deep understanding of Virginia divorce laws. We can provide you with personalized legal advice and representation to protect your rights and interests throughout the divorce process. Contact our Roanoke office today to schedule a consultation and learn more about how we can assist you with your spousal support and divorce-related needs.

Chelesea L. Vaughan

Since 2013, Chelesea Vaughan has been representing clients throughout Southwest Virginia with a practice focused on contested family law, divorce, and custody matters, criminal defense, and business law. For a free consultation with Ms. Vaughan's Roanoke office, call (540) 343-9800.

Magee Goldstein Lasky & Sayers PC

114 Market St SE #210
Roanoke, VA 24011
Phone: (540) 343-9800
Fax: (540) 343-9898

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The Roanoke attorneys of Magee Goldstein Lasky & Sayers, PC, proudly serve clients in the areas of divorce law, bankruptcy law, estate law, and criminal defense, located throughout Roanoke, Virginia, and Southwest Virginia, including in Roanoke City, Salem City, Cave Spring, Botetourt, Fincastle, Lexington, Rockbridge County, Bedford County, Smith Mountain Lake, Moneta, Rocky Mount, Boones Mill, Franklin County, Floyd County, Christiansburg, Blacksburg, Radford City, and Montgomery County.