Alimony, also referred to as spousal support, consists of periodic payments that are awarded to a financially dependent spouse following the conclusion of a couple’s marriage. The appropriate amount of payment is determined by general standards of law that are then applied to the facts of each specific case.
Attempting to agree upon an appropriate alimony payment with a former spouse can result in tremendous frustration and friction between the two parties. An experienced Leesburg alimony lawyer can ensure your interests are protected. Let a skilled family attorney help you negotiate a deal.
Factors for Determining Alimony in Leesburg
The need for alimony generally arises when two former spouses who were married for a significant amount of time have a substantial gap in income. In deciding the nature, amount, and duration of an alimony award in Leesburg, the court will take several different factors to account. As outlined in Virginia Code § 20-107.1, the factors the court will look to include:
- Income and financial needs of the parties
- Standard of living established during the marriage
- Length of the marriage
- Age, physical, and mental condition of the parties
- Age, physical, and mental condition of any marital children
- Special family circumstances
- Contributions made to the family during marriage
- Property interests of the parties
- Earning capacity of the parties and current opportunities for employment
- Extent of which either spouse contributed to the other’s education, training, or profession
- Tax consequences
- Factors that contributed to the marriage’s dissolution
While it may appear black and white, taking each of these factors and attempting to convert them into a dollar amount can often be a difficult task. Note that a request for an alimony award may be denied if the party seeking the support committed adultery. Additionally, if a former spouse does not wish to request alimony or spousal support at the time of divorce, the court may allow this right to be reserved for the future. An attorney in Leesburg could help a spouse determine the need and considerations for alimony.
Types of Alimony
Three types of alimony in the state of Virginia include periodic payments for an undefined duration, periodic payments for a defined duration, and lump sum payments. Periodic payments for an undefined duration consist of a specific sum that is required to be paid at previously agreed upon intervals, such as monthly. Courts are most likely to award this type of alimony to those who have been married for an extended period of time.
A periodic payment for a defined duration consists of a payment that is made on a periodic basis. This payment is distinct in that it is subject to an agreed upon end date. Like periodic payments for an undefined duration, payments for a defined duration may terminate if the recipient remarries or if either former spouse dies. A lump sum payment consists of a set amount of money that the court may choose to award a former spouse. The court has the power to award this amount at once or in separate installments. A Leesburg attorney could help individuals determine which type of alimony may work best for them.
How an Alimony Attorney in Leesburg Can Help
If you are going through a divorce and are not employed outside of the home or are otherwise incapable of supporting yourself, it is important that you consider your potential right to spousal support. Call today to learn more about how a Leesburg alimony lawyer can help explain and protect your legal options.
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