Winchester Spousal Support Lawyer

Attorney for Alimony and Spousal Maintenance Matters in Virginia

Spousal support, also referred to as "alimony" or "maintenance." can be one of the issues in a divorce that keeps the matter from resolving amicably. At Buchbauer & McGuire, P.C., our Winchester, Virginia spousal support lawyers will be by your side every step of the way. From initial consultation to the conclusion of your case, we offer skilled representation and guidance.

The Court may order that spousal support be paid periodically or in a lump sum. Spousal support may be awarded without regard to the reason for the breakdown of the marriage, although a person who commits adultery is presumed to be barred from receiving spousal support.

For detailed information on how we can help your alimony case, call our spousal support lawyers at (540) 508-8995 or contact us online today. We also serve residents of Shenandoah Valley and the surrounding areas.

How is Spousal Support Determined in Virginia?

Temporary spousal support may be granted from the date of separation until a divorce is finalized. In determining temporary spousal support, the Court uses a guideline calculation based on the parties’ gross monthly income but also considers the payee’s needs and the payor’s ability to pay.

Determining Factors for Alimony

The amount and duration of post-divorce spousal support is in the discretion of the Court. The Court is guided by several factors, including:

• Each spouse's obligations, needs and financial resources, including, but not limited to, income from all pension, profit-sharing or retirement plans, of whatever nature
• The standard of living established during the marriage
• The duration of the marriage
• The spouses' ages and physical and mental conditions, and any special circumstances of the family
• The extent to which the age, physical or mental condition or special circumstances of any child would make it appropriate that a spouse not seek employment outside of the home
• Each person's monetary and non-monetary contributions to the well-being of the family
• The spouses' property interests, both real and personal, tangible and intangible
• The provisions made with regard to division of marital property
• Both spouses' earning capacities, including their skills, education and training, and the present employment opportunities for persons possessing such earning capacity
• The opportunity for, ability of, and the time and costs involved for a spouse to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
• The decisions regarding employment, career, economics, education and parenting arrangements made by the couple during the marriage, and their effect on present and future earning potential, including the length of time one or both of the spouses have been absent from the job market
• The extent to which either spouse has contributed to the attainment of education, training, career position, or profession of the other party
• Other factors, including tax consequences, as are necessary to consider the equities between the spouses

What Qualifies a Spouse For Alimony?

Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to the other after a divorce or separation. The qualifications for receiving alimony vary by jurisdiction and are typically determined based on a combination of factors, including:

• Financial need: The court will consider the financial needs of the spouse seeking alimony, including their income, earning capacity, assets, and standard of living during the marriage.
• Ability to pay: The court will also assess the ability of the other spouse to pay alimony, taking into account their income, earning capacity, assets, and financial obligations.
• Duration of the marriage: Longer marriages are more likely to result in an alimony award, as the court may view the marriage as having provided the receiving spouse with a certain lifestyle or level of support that should continue after the divorce.
• Contributions to the marriage: The court may consider the contributions of each spouse to the marriage, both financial and non-financial, when determining alimony. This could include factors such as homemaking, child-rearing, supporting the other spouse's education or career, or sacrificing career opportunities for the benefit of the family.
• Age and health: The age and health of both spouses may be considered, as these factors can impact their ability to support themselves financially.
• Other factors: Depending on the jurisdiction, the court may also consider other factors such as the presence of children, the tax consequences of alimony payments, any marital misconduct (such as infidelity or abuse), and any prenuptial or postnuptial agreements.

It's important to note that the specific criteria for awarding alimony can vary significantly by jurisdiction, and the court has discretion in determining whether to award alimony and the amount and duration of the payments. If you are considering divorce or have questions about alimony, it's advisable to consult with a family law attorney who can provide guidance based on the laws in your area.

How Long Does Spousal Support Last in Virginia?

Spousal support in Virginia is indefinite unless the court orders otherwise or would end with one of the parties dying.. The award can be in a lump sum or periodic payments. The award can be set to end on a specific date or to continue indefinitely.

For Reliable Representation, Contact Our Winchester Spousal Support Attorneys Today

Buchbauer & McGuire, P.C. is ready to help you resolve disputes with your partner to create solid spousal support arrangements. We are prepared to help you find an amicable resolution out of court and, if this isn’t possible, to litigate your position before a judge.

Don't face alimony troubles alone. Our spousal support lawyers can help. Call our firm at (540) 508-8995 or contact us online to schedule your consultation now.