Spousal Support Lawyer

Divorce Attorney Helping Establish Fair Alimony Decisions in Richmond, Virginia and Several Surrounding Cities and Counties

In many families one spouse earns significantly more income than the other. For some families one spouse is the sole breadwinner. When these couples divorce each spouse will still have expenses. He or she will need to have a viable source of income to support himself or herself. To address these needs, financial support may be paid by one spouse to the other. This form of support may be referred to as alimony, maintenance, or spousal support, and it may be awarded by the courts or agreed to by the parties.

Issues related to spousal support can lead to bitter disputes between divorcing spouses. Whether you are seeking spousal support or being asked to pay, you need legal representation to protect your best interests. Carol A. N. Breit, Attorney at Law, has extensive experience helping Virginia couples with family law and divorce matters. We work with clients in the areas around Richmond, including Goochland County, Henrico County, New Kent County, Powhatan County, Hanover County, and Chesterfield County. Our thoroughness and personal approach are well-known. We know the pitfalls to avoid and how to advocate on your behalf effectively.

Understanding Spousal Support in Virginia

While child support provides funds for children's basic needs, alimony is financial support that addresses a spouse's needs and allows him or her to enjoy a similar standard of living as he or she had during the marriage. Spousal support determinations are more flexible than child support. Rather than following mandatory statutory guidelines decisions about alimony may be made based on a number of factors, such as:

• The ability of one spouse to pay support and the other spouse's need for support
• The length of the marriage
• Prenuptial or post-nuptial agreements
• A couple's assets and debts and how they will be distributed
• Each spouse's skills, employment, financial resources, and earning capacity
• The standard of living the couple enjoyed while married
• Each spouse's age and health
• Tax implications
• Which spouse will have primary custody of the couple's children
• Pensions, bank accounts, investments, and retirement accounts
• Business interests
• Whether a spouse needs further education to earn a reasonable income
• The financial and non-financial contributions each spouse made to the marriage
• Whether there are issues such as adultery that may affect a spouse's eligibility to receive spousal support
• The ability of the higher-earning spouse to pay alimony
• The circumstances and factors that led to the divorce

Temporary spousal support could be awarded to one spouse before the divorce is finalized. Longer-term support may be ordered in a divorce decree. In some cases rehabilitative alimony may be paid for a short time after a divorce is final to allow a spouse time to finish his or her education, to find employment, or to establish a new household. The parties can agree on how spousal support will be handled, or a Court can order a reservation of support in certain circumstances.

The amount of spousal support payments, the duration of time that spousal support payments will be paid, and the specific times that the payments will be made can be specified in a divorce settlement or by court order. Statutory provisions provide when support payments may be terminated, but parties may reach alternative agreements. Spousal support is a complex issue dependent on the specific facts in a given divorce.

Issues in Virginia Spousal Support Cases

While some divorces are amicable and can be handled through collaborative law efforts, others involve high amounts of conflict. Disputes about spousal support can take animosity to another level, making it even more challenging to reach an agreement. Other potential issues that could affect alimony include:

• Voluntary underemployment or unemployment
• Domestic violence
• Significant changes in circumstances for either party, such as losing a job or sustaining catastrophic injuries
• The payor's ability to pay support and the payee's need for spousal support

Whether your situation involves these or other issues our extensive experience means we know the most effective ways to handle your case.

Spousal support, whether agreed upon or awarded by a Judge, is an enforceable court order. Modification of spousal support may be addressed in certain circumstances. It is best to work with your attorney to request a legal modification of your orders rather than making an informal agreement with your ex-spouse. You can then avoid the possibility of being held in contempt of court for violating an existing spousal support order if you are the payor.

Contact Our Spousal Support Lawyer Serving Richmond and the Surrounding Region

At Carol A. N. Breit, Attorney at Law, all our clients receive our personal attention and respect, and we are aggressive when we need to be. Whichever side of the spousal support fence you are on, we will provide you with customized strategies to safeguard your rights. Contact us now to learn more about how we can help you. Call our office at 804-282-9226.