What is Spousal Support?

Spousal support is when a judge orders a party to pay to his or her spouse a monthly sum to assist them through the divorce process and possibly for a short time after the divorce.

The concept of spousal support originated when women could not work and were unable to take care of themselves financially. Now that women can and do work, courts still order spousal support to help the lower wage earner in a marriage to help them get back on their feet, look for a job, get an education, or reposition themselves financially.

Alimony orders a party to pay his or her spouse a monthly sum after the divorce is complete for several years (or indefinitely.) Spousal support and alimony are both non-dischargeable in bankruptcy.

Determining Spousal Support

Spousal support is a major part of the separation and divorce process. Several factors are used to detrmine spousal support. Essentially, the court looks at the one party’s ability to pay support and the other party's need for that support. If neither party is in need of financial support, then spousal support usually is not awarded. Alimony or permanent support is determined by length of marriage, needs of the parties, fault factors, contributions of both parties to the marriage, life style obtained during the marriage, and other factors. Our attorneys have the experience and insight to help you determine if you are eligible for spousal support and/or if you have to pay it. We examine your income and expenses and help determine how much spousal support you are entitled to receive and assist you with negotiating for that amount (or litigation if necessary.)

When is One Party in a Divorce to Pay Support to the Other in Virginia?

Whether support will be awarded to the husband or the wife in a divorce depends on the ages of the two people, what each person owns, the earning ability of each person, and the length and history of the marriage, and other factors. Support may be in the form of regular payments, a lump sum settlement, or a combination of the two.