Seeking a skillful and experienced alimony (spousal support) attorney in Charlottesville, Waynesboro, or the Shenandoah Valley? Spousal support, or alimony, is the court-ordered payment of money from one spouse to the other. The purpose of alimony is to provide the spouse receiving the support with the funds necessary to maintain him or her in the lifestyle to which he or she became accustomed during the marriage. However, if you and your spouse were living beyond your means during the marriage, a court may not order spousal support in an amount that would maintain the receiving spouse in the lifestyle to which he or she became accustomed.
A court does not decide whether to award (or not to award) alimony (spousal support) in a vacuum. Instead, the court must consider the age and health of you and your spouse, each spouse’s income, your current financial situations, circumstances leading to the breakdown of your marriage, decisions regarding each spouse’s employment during the marriage, decisions regarding the care of children during the marriage, and whether employment for the spouse in need of support is available or even feasible. Here’s an external link to Virginia.gov that lists Virginia spousal support factors.
Whether you are the spouse seeking alimony or defending against an alimony request, how much support is a Charlottesville court likely to order, and for how long? The answer to each of these questions is, “it depends.” Unlike child support, there is no statutory guideline that specifies the amount or duration. Instead, a court in a divorce case has broad discretion to order spousal support in the amount — and for the duration — the court finds appropriate. Because your Charlottesville alimony judge has such broad leeway determining the spousal support amount and duration, your alimony lawyer must provide the court with the evidence it needs to make an informed spousal support award. The best alimony attorneys will present your case in the most favorable light.
Although a court has the authority to order spousal support under appropriate circumstances, you and your spouse are free to negotiate and settle and settle alimony terms between yourselves.
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