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Alimony > Virginia

Alimony in Virginia, also known as spousal support, is awarded to ensure fairness when one spouse may be financially disadvantaged after divorce. Whether temporary or long-term, alimony aims to provide support that helps both parties transition to independent living, especially after longer marriages or when there’s a clear income disparity.

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Types of Alimony

  • Temporary Alimony (Pendente Lite): 

Awarded during the divorce proceedings to help maintain the financial status quo until a final decision is reached.

  • Rehabilitative Alimony: 

This type of support is granted for a limited time, helping the recipient spouse gain education or job skills needed to become self-sufficient.

Source: People’s Law

  • Permanent Alimony: 

Granted in cases where the recipient spouse is unable to achieve financial independence, often due to age, health conditions, or a long-term absence from the workforce.

Source: People’s Law

  • Lump-Sum Alimony: 

Paid as a fixed amount, either in a single payment or in structured installments. This is often used to simplify post-divorce financial obligations.

Source: People’s Law

Factors for Calculating Alimony

Virginia courts consider several factors under § 20-107.1, including:

  • Duration of the Marriage: Longer marriages often result in longer alimony periods.
  • Contributions to the Marriage: Consideration of both financial and non-financial contributions.
  • Standard of Living: Efforts are made to maintain a similar standard of living for both parties post-divorce.
  • Financial Circumstances: Includes income, earning capacity, and financial resources of both parties (People’s Law).

Relevant Case Law

Northcutt v. Northcutt (1984): The court emphasized rehabilitative alimony should focus on enabling the recipient to gain self-sufficiency (People’s Law).

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