Virginia Spousal Support/Maintenance/Alimony Factors

In Virginia the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Domestic Relations Court will order support from one spouse to the other on a case-by-case basis as follows:

When making a decision of whether or not support shall be awarded, how much, and for how long, the court will taking into consideration the following: A. The obligations, needs and financial resources of the parties. B. The standard of living while together as a married couple; C. The length of the marriage; D. The age and health condition of the parties and any special circumstances of the family; E. 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; F. The contributions, monetary and nonmonetary, of each party to the well-being of the family; G. The property owned and income potential of that property owned by each party; H. The property award; I. The earning capacity and employment opportunities; J. 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; K. 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; L. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and M. The tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)