Spousal support and spousal support requests can be a challenging issue to resolve in any divorce. Because of this reality, it is helpful for divorcing spouses to know how to handle spousal support requests if they come up and how the family law system handles them.
In Virginia, spousal support may be awarded when it is considered necessary. Spousal support may generally be awarded when one spouse needs financial help if they do not have a job because they may have remained in the home to care for the household or children, for instance. In other circumstances, the spouses may have a large gap in income or one may be disabled. Spousal support is generally awarded in circumstances of a longer marriage and the circumstances of the dissolution of the marriage will also be considered when determining spousal support.
The family law court will consider a variety of factors when evaluating a spousal support request. Factors the court may consider include the income and financial needs of the spouses; and age and mental and physical conditions of the spouses; the standard of living the couple enjoyed during the marriage; the duration of the marriage; if one spouse contributed to the education, training or increased earning capacity of the other spouse; any circumstances that might make it appropriate for one of the spouses to remain in the home; and the property interests of the parties.
Spousal support may be awarded for different durations and may also be modified in some circumstances which is helpful information for divorcing spouses contemplating a spousal support request to have. Because spousal support can be a major issue during any divorce, it is valuable for divorcing spouses to be prepared for how to address spousal support concerns.