By Alexander T. Lewis of Duff & Kronfeld, P.C. posted in Family Law on Tuesday, June 26, 2018.
For any divorce separation agreement executed on or after July 1, 2018 that includes an award of spousal support, the parties must include in any such agreement that “the amount or duration of spousal support contained in this [Agreement] is not modifiable except as specifically set forth in this [Agreement].” Effective July 1, 2018, this language will be required by statute in Virginia if you want your contractual spousal support obligation to be non-modifiable.
In the event that the parties execute a divorce separation agreement that includes non-modifiable spousal support, but they fail to include the above required language, the Court, upon a motion of a party will deem that the spousal support obligation is modifiable. This new language, and the failure to include it in your divorce agreement, can have major financial implications both on your monthly spousal support obligation and possible future litigation over the issue.
If you have any questions or would like to discuss your legal matter with an attorney, please contact Duff & Kronfeld, P.C. at (703) 591-7475 for a complementary, 30-minute consultation.