Leesburg Spousal Support
Spousal support is an important issue in many Virginia divorces. Often referred to as alimony, spousal support is a payment from the higher earning spouse to the lower earning spouse during divorce or in the months or years after, depending on the agreement made in or out of the courtroom. If you are going through divorce, the Leesburg spousal support attorneys at Simms Showers will help you through this trying process.
The Three Types of Spousal Support in Virginia
There are three types of spousal support in Virginia—temporary, rehabilitation, and permanent:
- Temporary—this can be for a set number of months or years. For example, temporary alimony may be set until the divorce is finalized, helping a spouse pay for their costs of living while the couple is separated.
- Rehabilitation—Used to pay for education, vocational training, and other expenses to help the spouse earn employment and eventually become self-sufficient.
- Permanent—A permanent monthly payment until either of the spouses dies, or the receiving spouse remarries.
Factors the Court Uses to Determine Spousal Support
As with most aspects of divorce, disagreements about spousal support can usually be ironed out without getting the courts involved. Through negotiations between each party’s lawyers, spousal support, just like child custody and division of assets, can typically be resolved without a judge. However, if the matter must be resolved by a judge due to irreparable disagreements, the courts use the following factors under Va. Ann. Code § 20-107.1 to determine if spousal support should be awarded, and if so, how much:
- Length of the marriage;
- Standard of living established during the marriage;
- Income of each party;
- Age and health of each party;
- Likelihood of the lower earning spouse to become self-sufficient;
- How the dissolution of marriage came to be (for example, adultery);
- Contribution of one spouse to the increased earning power of the other, such as through education or training;
- Tax implications; and more.
Negative Tax Consequences For Payors Due to 2019 Tax Reform
Paying spouses used to be able to write off spousal support as a tax deduction. However, starting in 2019, paying spouses are no longer able to deduct spousal support if the order was created after 2018, according to the IRS. This is all the more reason for paying spouses to work with their attorney to keep any spousal support obligation as low as possible.
Call a Leesburg Spousal Support Attorney Today
Spousal support is vitally important to spouses hoping to get a fresh start in life or preserve their standard of living, particularly if they are the primary caretaker of the couple’s children, or they are elderly. On the other hand, we understand that it may be important to your financial well-being to minimize the spousal support if you are the paying party. Whether you want to maximize or minimize the spousal support obligation, call Simms Showers at 703-879-1364 to schedule a consultation with a Leesburg spousal support attorney today.