Alimony Laws in Virginia

Maintenance factors in Virginia. Before judges are ready to make maintenance payment decisions, they must consider all the necessary factors. Using this tactic, you can determine whether you could qualify, how long spouse support should be paid, and what the final amount should be.

Here are just a few of the factors that judges consider in a maintenance case: Income and financial resources of both spouses. A judge will only provide maintenance to a spouse who can demonstrate actual financial needs. If both spouses have a good income and have access to personal assets (e.g. retirement assets), maintenance is probably not taken into account. Some spouses try to consider this decision as an opportunity to take a poorly paid position that would prove that they do not have the financial ability to make maintenance payments. You should be aware that a judge can order an assessment of your employability, including the amount you can earn (based on your degree and education). This number could be used to calculate maintenance in these situations.

The employability of both spouses, Similar to weighing the income of both spouses, a judge must determine the potential employability of each spouse. He or she will take into account any training, education and work experience. Your ability to work can be calculated by estimating how much it would be if you started working again at this point. However, it can also indicate areas where you may need more education or training to earn a decent income that brings you closer to marital living standards.

Maintenance can be provided temporarily to help you financially as you complete more education or training. Many states refer to this scenario as rehabilitative maintenance payments. Individual property of both spouses, each spouse’s property and assets also play a role in determining maintenance payments. For example, a spouse who has access to income-generating property may not be entitled to spouse support, even if their income is relatively low. The division of marital property will also play a role in the review of spouse support.

Health of both spouses, a judge will check whether one of the spouses is entitled to maintenance based on his age or his physical and mental health. Special consideration is given to disabilities and other ailments that prevent a spouse from working full time. Child health from marriage, Children with disabilities can make it impossible for a spouse to work outside the home. They can be a child’s full-time caregiver, making it almost impossible for them to go back to school or work. Therefore, spouse support could help them make ends meet.

Standard of living in marriage, after a separation, no spouse is expected to exceed the marital standard of living. However, maintenance can help ensure that a disadvantaged spouse meets the standard that he has become accustomed to throughout the union.

Duration of marriage longer marriages is usually more suitable for child support payments, especially if they are permanent child support payments. However, the length of your marriage does not necessarily determine whether you receive marital support or not.

Contributions from each spouse to marriage. This is a little more difficult to consider, but a judge will try to explain all the contributions each party has made to the marriage. Financial support is definitely being considered, but also the status of a housewife. By choosing to be a housewife, they may have allowed their spouses to advance their careers or gain more education, which has helped improve their financial situation. Therefore, a judge will consider housework as a contribution to marriage.

Misconduct in marriage, while spouse support payments cannot be used to punish a spouse for marriage breakdown, misconduct in marriage plays a role in child support payments. A spouse who has had an affair or committed domestic violence is not entitled to maintenance payments. However, the other spouse could be entitled to maintenance payments if there is a proven financial need. But he or she is not entitled to it just because of the bad behavior of his or her spouse.