In Virginia, what is commonly referred to as alimony or maintenance is technically referred to as spousal support. Basically, spousal support is a court order in the context of a divorce in which one former spouse is ordered to pay money to the other spouse.
The status of legal separation in Virginia
Unlike some other states, there is no formal process for legal separation in Virginia. When two parties start to live apart, they are considered separated for purposes of establishing that they are eligible for divorce. In Virginia, many grounds for a divorce, including the commonly used no fault divorce, require that the couple be separated for one year.
Divorce may be on the horizon in the new year
Those who are in a difficult marital situation but believe that they may have dodged a bullet, that is, a divorce or separation, over the past few months may need to think twice before breathing a sigh of relief.
Tax implications of alimony changing very soon
A previous post on this blog talked about how family law judge in Virginia can order one spouse to pay another alimony either while a divorce or separation is pending or following the entry of a final decree. As this post discussed, whether a spouse is entitled to alimony, and how much, depends on a number of factors that are ultimately within the discretion of the judge to evaluate.
Factors that may be considered in a request for alimony
Not all Virginia divorces will include negotiations or hearings concerning alimony. This is because not all marriages end with one party financially disadvantaged when compared to the other. When one party to a marriage has given up their opportunity to earn an income or put their own career on hold in support of their partner and their family, they may have grounds on which to assert a request for spousal support.
A certain type of debt may lead to marital problems and divorce
Anyone who has ever wondered how they would pay a large bill or make their rent understands the stress that comes with not having enough money. In fact, money or a lack thereof is a major source of personal stress of many Virginians that can wreak havoc on their lives. Marriages can suffer when money woes plague relationships, and problems concerning money are a common cause of divorces.
Will my ex be required to pay child support?
Under Virginia law, both of a child's parents are required to support them financially. This means that when a court decides the custody of a child, the parent who receives physical custody and the noncustodial parent will both have to pay toward the well-being and needs of their offspring. Noncustodial parents are the ones who generally are bound to child support orders and agreements.
Custody options for Virginia parents
The end of a marriage is a difficult time for the individuals who have chosen to legally part ways. But, regardless of their financial situation or their portfolio of property, if the individuals share children, they will undoubtedly experience some trepidation and sadness over the dissolution of their kids' family home. This post will briefly touch on some of the child custody options Virginia parents may learn about as they work to end their marriages in divorce.
Fault may serve as the grounds for a Virginia divorce
The end of a marriage can be hard on a Harrisonburg couple and when the parties decide that it is time to file for divorce, they must meet certain requirements to move their case forward in the courts of Virginia. There are jurisdictional matters that must be satisfied and the filing party also must select a basis for their divorce. In Virginia, a party may file a no-fault divorce, if they have been separated from their spouse for at least a year. If not, they may use one of the state's recognized fault grounds to end their marriage.
