Comprehensive and Informative Commentary on State and Federal Legal Matters
In Virginia, the initial spousal support award, both temporary and permanent in nature, is awarded in accordance with Virginia Code Sections 20-103 and 20-107.1. If someone is granted a divorce based on the fault ground of adultery, the adulterous spouse will normally not be awarded spousal support. The Court considers the following factors when deciding whether to award spousal support and the amount of such award:
1. The earning capacity, obligations, needs and financial resources of the parties, including, but not limited to, income from all pension, profit sharing or retirement plans, of whatever nature;
2. The education and training of the parties and the ability and opportunity of the parties to secure such education and training;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and physical and mental condition of the parties;
6. The contributions, monetary and non-monetary, of each party to the well-being of the family;
7. The property interest of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property; and
9. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
For more information about divorce in the Commonwealth, check out our other blog posts on the topic or feel free call Westlake Legal to schedule your in-person consultation.