Virginia Beach Spousal Support Attorney

Awarding Spousal Support in a Divorce Case

In many marriages, especially with those involving homemakers, stay at home moms and dads, or spouses who are attending college, the prospect of divorce raises the possibility of alimony or spousal support. Will you be ordered to pay spousal support, or will you receive it if you get a divorce?

As a Virginia Beach divorce attorney with more than 20 years of experience in family law, I, Keri A. Markiewicz, have represented many husbands and wives in their spousal support cases and I am equipped to represent your interests, to protect your rights, and to fight for what is fair in your divorce.

Will spousal support be awarded in my case?

Given the changes in society and the economy, this area of divorce law has been evolving in recent years. Under recent changes in Virginia Law, the fault of one spouse; for example, having an affair, may no longer be a complete bar to obtaining spousal support.

Virginia divorce lawyers cannot deny that old habits die hard and you can expect the court to consider the cause of separation as a factor when determining whether or not to award spousal support.

Spousal support is not awarded to penalize a spouse with a wandering eye or a penchant for gambling. Rather, alimony is awarded to minimize the financial impact of a divorce on the party who is less financially independent.

The amount awarded will depend on the following:

• Age and health of both parties
• Duration of the marriage
• Assets of both parties
• Income and earning potential of each spouse
• Contributions as a homemaker
• Contribution to each other's education
• History of the marriage

The court may award spousal support in periodic payments or in a lump payment. Periodic payments could be awarded for an indefinite period of time, or for a set number of years.

Let Me Protect You & Your Financial Wellbeing

In Virginia, spousal support is subject to modification if the circumstances change for either party. Keep in mind that spousal support is not automatic in divorce; however, the parties may seek a "reservation" of the right to seek spousal support in the future. Such reservation typically lasts for one half of the length of the marriage.