Deciding the amount of alimony to be awarded a spouse can be
frustrating and complex since the legal rules are general standards that must
be applied to the facts of each specific case.
Money often becomes one of the major weapons between spouses
who are divorcing. Determining whether alimony will be awarded, how much, and
for how long and then securing an agreement with your spouse can be one of the
most problematic and uncertain areas in divorce.
Alimony (spousal support) in Virginia is on an
indefinite basis. Indefinite alimony can be raised or lowered over time if
there is a change of circumstances. Effective July 1, 1997, cohabitation with a
member of the opposite sex is now a factor, which may justify termination of
spousal support. You must get alimony at the time of divorce, or you are barred
from ever getting alimony in the future. Unlike some other jurisdictions, such
as Maryland where alimony is "rehabilitative" alimony only awards in
Virginia are not limited to a temporary period while the spouse gets back on
his or her feet. Under Virginia law, married people are financially responsible
for each other--the husband has a duty to support his wife, and the wife has a
duty to support her husband. Additionally they are both responsible for one
another's debts. This duty lasts until the final Decree in Divorce is granted.
It doesn't stop because the couple separates.
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