Fairfax, VA Spousal Support Lawyer
Spousal support is commonly called alimony. It is financial support paid by one spouse to the other for some defined period of time following the entry of a Final Order of Divorce. It is also common to see spousal support being paid from one spouse to the other on a temporary basis during separation and until a Final Order of Divorce is entered.
Does Spousal Support always go to the wife? How do you qualify for Spousal Support?
A spouse does not automatically receive spousal support, there are no guarantees, and gender does not enter the equation when determining if a spouse should be receiving support. Rather, a Court will consider if either spouse is eligible for spousal support, based upon a review of circumstances and factors which contributed to the demise of the marriage, specifically including adultery and any other grounds for divorce. Virginia Code §20-107.1 outlines a comprehensive list of factors the Court is obligated to consider when determining how much support should be paid and for how long.
I’m paying Spousal Support to my former spouse, but he or she is now living with a new significant other. Do I have to keep paying?
Yes, you have to keep paying if there is a Court Order in place ordering you to pay spousal support. However, if your former spouse is now living with or other cohabiting with a new significant other, this may be grounds to support a Petition to the Court to terminate your support obligation. Virginia Code 20-109 provides that a Court shall terminate support obligations when based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more, unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable.