Who Pays Spousal Support in Virginia, and How Is the Amount Decided?
You do not automatically get spousal support. You have to request it, and you have to show that you have a need. The other person having the ability to pay is not enough on its own.
Attorney Shameka L. Rhoades of Trustice Law Group explains how spousal support works in Virginia, including the difference between temporary and permanent support, what factors the court uses, and how long support can last. In this segment from ABC’s Showcase Richmond, Shameka covers:
– How the court decides who pays spousal support
– The formula used for temporary support versus the factors used for permanent support
– What the court considers: length of marriage, career sacrifices, income differences
– How long spousal support can last, from a set period to a lifetime
– When spousal support can be modified or terminated
– The one thing most people get wrong about requesting support
Watch the full segment below:
Who Pays Spousal Support in Virginia?
The short answer: the spouse who makes more money. But the court does not stop there.
Virginia courts look at the full picture. How long were the parties married? Did one spouse give up their career to support the other? Was one spouse a military spouse who moved every few years and could not maintain a career? Did one spouse stay home to care for a child with disabilities? Learn more about how divorce works in Virginia.
The court considers all of these circumstances to determine whether support is appropriate, and if so, who should pay it and how much.
Temporary Support vs Permanent Support
These are two different things with two different methods.
Temporary spousal support is calculated using a formula. As Shameka describes it, it is straightforward: you plug in the numbers and the formula produces an amount. Temporary support stays in place until the court enters a final order.
Permanent spousal support is different. The court goes back to the factors: how long the marriage lasted, how much each spouse earns, whether one spouse put the other through school, whether one spouse sacrificed career opportunities for the family. The judge then sets an amount based on what the court considers appropriate given all of those circumstances.
How Long Does Spousal Support Last?
It depends. Temporary support lasts until the court enters a final order. Permanent support can last a set period, or it can last a lifetime.
For shorter marriages, courts may set a defined period. The general guideline attorneys reference is about half the length of the marriage. But for long marriages, 20 or 25 years or more, the court may order support until a material change of circumstances occurs or one party passes away.
Can Spousal Support Be Modified or Terminated?
Yes, if a material change of circumstances occurs. Shameka gives a clear example: if the paying spouse is in a car accident five years later and can no longer work through no fault of their own, they can ask the court to modify or terminate the support based on their changed situation.
The key is that the change must be significant and not self-created. Voluntarily quitting a job to reduce income is not the kind of change courts look favorably upon.
The One Thing Most People Get Wrong
Shameka is direct about this: you do not automatically get spousal support. You have to request it. And you have to demonstrate two things: that you have a need for it, and that the other spouse has the ability to pay.
Many people assume that because the other spouse earns more, support is guaranteed. It is not. The court requires evidence of both need and ability to pay before it awards support.
Trustice Law Group: Virginia Divorce Attorneys Who Help You Understand Spousal Support
At Trustice Law Group, we help clients across Virginia understand how spousal support works, whether they may be entitled to receive it or required to pay it, and how to present the strongest case. We are a female-owned Virginia family law firm.
Real Law. Real Talk. Real Options.
Request a consultation or call us at 804-593-0788.
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FAQs
Do I automatically get spousal support in a Virginia divorce?
No. You must request it and demonstrate both that you have a financial need and that the other spouse has the ability to pay. Support is not automatic even when there is an income difference.
How is temporary spousal support calculated in Virginia?
Temporary support is calculated using a formula that considers both parties’ incomes. It is a straightforward mathematical calculation that stays in place until the court enters a final support order.
Can spousal support last forever in Virginia?
It can. For long marriages, particularly those lasting 20 years or more, courts may order support without a specific end date. It continues until a material change of circumstances occurs or one party passes away.
What is a material change of circumstances for modifying support?
A material change is a significant, involuntary change in one party’s situation. Examples include a serious injury that prevents someone from working, a major health event, or retirement. The change must be substantial and not self-created.