Sunday, May 4, 2014

VIRGINIA Part 95

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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