When couples in Virginia consider divorce, one common question arises: Is alimony guaranteed? The straightforward answer is no. The court does not automatically grant alimony, or spousal support, during divorce proceedings.
Understanding alimony decisions
In Virginia, as in many other states, the decision to grant alimony is based on two main factors:
- The spouse requesting alimony must show a legitimate need for financial assistance.
- The paying spouse must have the ability to provide this support. Courts evaluate these elements on a case-by-case basis, considering numerous factors such as the duration of the marriage, the standard of living during the marriage, and each spouse’s financial circumstances.
Judges have significant discretion in these matters. They consider the unique circumstances of each case before deciding. Thus, while a spouse may qualify for alimony, the court does not guarantee it.
Factors influencing alimony awards
Several factors influence whether the court awards alimony and determines its amount. The court examines the age, health, and earning capacity of both spouses. The length of the marriage and the contributions each spouse made, both financially and non-financially, play a role.
Importantly, fault in the dissolution of the marriage, such as cases involving cruelty, can also impact the decision. Virginia law allows an abusive spouse to seek alimony, but the court considers such behavior. Judges may adjust support based on the degree of fault attributed to either party.
Types and duration of alimony in Virginia
Alimony can take various forms. It might be a lump sum payment or periodic payments over time. In short-term marriages, a lump sum might suffice, especially if it addresses an imbalance in property division. For longer marriages, especially when one spouse nears retirement and is unlikely to re-enter the workforce, the court might consider permanent alimony.
Support typically ends when either spouse dies or if the recipient remarries or cohabitates. Courts also grant temporary alimony, known as pendente lite support, during divorce proceedings to maintain financial balance until the final order is in place.
Alimony in Virginia is not a given. Those considering divorce should consult with a knowledgeable attorney to understand their specific circumstances. While the court does not guarantee alimony, understanding the factors involved can help you set realistic expectations for the process.
