The American Academy of Matrimonial Lawyers provides a useful guideline for determining duration of spousal support: “The duration of the award is arrived at by multiplying the length of the marriage by the following factors: 0-3 years (. 3); 3-10 (. 5); 10-20 years (.

Can you get spousal support if still married?

Importantly, despite the fact that the court will retain jurisdiction forever to order spousal support when a long term marriage exists (i.e. a marriage over 10 years), the Family Code specifically allows the payor of alimony to request the court terminate its power to order spousal support later on by bringing a post- …

Is new spouse income considered for child support in Virginia?

A New Spouse May Be Relevant to Child Support A Virginia court case provides the reason for this. In its decision, the court held that remarriage could change a parent’s ability to provide child support. In effect, this leaves you with more income to apply to supporting your children.

Is Virginia a spousal support state?

Eligibility for support In Virginia, the court allows spousal support to be awarded to a spouse only when it’s necessary. When deciding whether to award support to a spouse, the court considers the factors and circumstances that contributed to the dissolution of the marriage, including grounds such as adultery.

What is the average child support in Virginia?

If the combined family income is $35,000 or greater per month, it falls outside the table and support is based on a percentage of income from 2.6% for one child to 5% for six children. Items that are added to the support obligation include the cost of health insurance and any work-related childcare expenses.

How are spousal support laws determined in Virginia?

But if they can’t arrive at a conclusion, the court will step in. Virginia divorce laws allow any spouse to request spousal support from the other to prevent financial hardship. The court will determine whether alimony is just by considering the needs and economic conditions of both parties involved.

What is an elective share in a Virginia divorce?

In this situation, Virginia divorce laws allow the surviving spouse to claim an “elective share” of the deceased spouse’s estate. Generally speaking, the elective share amounts to anywhere from one-third to one-half of the deceased’s estate depending of the number of children the deceased had if any.

How are marital property and debts divided in Virginia?

To determine a fair division of marital property and debts, Virginia law requires the following: that property and debts be classified as marital, separate, or part marital and part separate; that marital property and debts be valued; and that such marital property or debts be equitably divided based…

Are there financial issues in divorce in Virginia?

Prepared by the Family Law Section of the Virginia State Bar. Uncertainty regarding the financial consequences surrounding the dissolution of a marriage can significantly increase the anxiety of those going through a separation and divorce.