Understanding Spousal Support In Virginia Divorces

Divorces are often complicated situations whereby both parties have to navigate through various legal rules and regulations to arrive at a fair settlement. One of the most common issues that arise during a divorce in Virginia is spousal support, also known as alimony. This financial support is awarded to one spouse by the other party, primarily to help them cope with the loss of income resulting from the divorce. To help you navigate this topic, this blog post will discuss the factors a court considers when calculating spousal support, your options if you are unable to pay spousal support, and what to do if your ex refuses to pay.

Factors A Court Will Consider During A Virginia Divorce:

During a divorce, a court will consider various factors when deciding on spousal support. The court considers factors such as the duration of the marriage, the income of each spouse, the earning potential of each spouse, and the standard of living during the marriage. The court will also consider the age, physical and mental condition, and contributions made by each spouse during the marriage. Moreover, the court will consider any significant contributions such as paying for your spouse's education or contributing funds towards setting up a business.

How Spousal Support Is Calculated In Virginia:

Once the court decides that spousal support is necessary, the next step is to calculate the amount to be paid and for how long. In Virginia, there are no strict formulas used to calculate spousal support, and each case is evaluated individually. The court will consider the factors mentioned above when making this determination. The amount and duration of spousal support will also be influenced by the ability of the paying spouse to be able to afford the payments.

What Happens If You Are Unable To Pay Spousal Support:

It is essential to understand that failing to pay spousal support can have severe legal, financial, and even criminal consequences. If the court orders you to pay spousal support, you are legally obligated to do so. If you fail to pay, the court may take various steps to enforce the order, such as garnishing your wages and freezing your bank accounts. Moreover, you may also face harsh fines and could face a payment default judgment that could seriously impact your credit score.

What Are Your Options If Your Ex Refuses To Pay Spousal Support:

If your ex-spouse refuses to pay spousal support despite a court order, you can take several legal steps to enforce the order. You can file a motion with the court to request enforcement or petition the court to hold your ex in contempt. You can also hire an experienced divorce attorney to help you navigate these complex legal matters and ensure that your rights are protected.

Divorce is a complex and often emotional process. Understanding your rights and obligations when it comes to spousal support is essential. If you are going through a divorce or have questions about spousal support in Virginia, it is vital to seek legal guidance from an experienced attorney such as Cheryl Eddy Benn, P.C. Our legal team has the knowledge and experience to help you navigate these challenging legal matters and ensure a fair settlement. Contact us today to schedule a consultation.