Spousal Support (Alimony)

The Duff Law Firm recognizes that financial issues attendant to divorce are often complex, and are always crucial to our client, whether the payer or recipient of spousal support. This fact is always kept paramount as we assist our clients through the rocky terrain of divorce.

Factors for Court's Consideration in Spousal Support Cases

Under Virginia law, specifically, Virginia Code § 20-107.1(E), when a Court must decide the nature, amount and duration of an award of spousal support, it is required consider thirteen (13) specific factors. Although these factors cover a wide variety of potential facts and circumstances, in practice, the facts most commonly presented to the Court focus upon the parties' respective income and expenses; the length of the marriage; the standard of living during the marriage; each party's positive and negative contributions to the family unit during the marriage; and, the employment and employability of each party, taking into consideration earning potential, education, age and physical and mental health.

The specific factors the Court is required to consider are as follows:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The monetary and nonmonetary contributions of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under Virginia Code § 20 107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

The Duff Law Firm also handles modifications of support if a spouse's finances undergo a material change in circumstances.