Who Is Eligible for Alimony in Virginia?

Virginia law awards spousal support only when it's necessary. In general, alimony has been ordered for long-term marriages, marriages where the spouses had a large gap in income, and marriages where a spouse has a disability or doesn't have a job.

The court will also consider the factors and circumstances that contributed to the divorce to decide whether to award alimony in Virginia. For example, if the divorce occurred on the grounds of adultery, the spouse who committed the adultery will not be awarded support.

Factors Influencing Alimony Amounts and Duration

The amount and duration of spousal support will depend on a number of factors, including:

• the incomes and financial needs of both parties;
• the age and mental and physical conditions of the parties;
• the standard of living established during the marriage;
• the length of the marriage;
• the contribution of one spouse to the education, training, or increased earning power of the other spouse;
• the extent to which the age or condition of special circumstances of any child of the spouses would require one spouse to stay home (e.g., to care for the child); and
• the property interests of the parties.

If there is a substantial change in circumstances, either spouse can petition for a modification of the amount and duration of alimony.

Understanding Alimony Payment Structures

Depending on the type and duration of alimony ordered, it can be paid either as a lump sum payment or as periodic payments (usually monthly). Payments will either be set for a specific number of years or for an unspecified duration. In the latter case, support will end automatically upon the death of either spouse or if the spouse receiving support remarries or cohabitates in a marriage-like way.

Seek Guidance on Alimony from Our Virginia Beach Attorneys online or by calling (757) 367-8253 for a consultation today.