Williamsburg Spousal Support
Spousal support is awarded in certain divorces when one spouse has a larger income than the other. Spousal support can have a big impact, either positive or negative, on either spouse, given the circumstances. As such, it is another reason to work with a skilled attorney during your divorce. The Williamsburg spousal support attorneys at Simms Showers can help you achieve your spousal support goals, whether you are the paying or receiving spouse.
Three Types of Spousal Support
- Rehabilitative—Support is used to help the lower earning spouse go back to school or receive vocational training.
- Temporary—Support had an endpoint. It may be through the duration of the divorce process, for a number of years after the divorce has finalized, or somewhere in between depending on the circumstances.
- Permanent—About half of marriages last over 20 years, according to CNBC. If your marriage lasted this long, or if the income level between spouses is very large, permanent spousal support may be awarded.
How Spousal Support is Awarded/Calculated
Virginia courts use a “pendente lite” formula (which takes into account each spouses’ income) as well as a number of other factors to determine whether spousal support is necessary, and if so, how much. These additional factors include:
- Income of each spouse;
- Earning ability of each spouse;
- Age and health of each spouse;
- Sacrifices the lower earning spouse made for the other’s earning career or education;
- Ability of the lower earning spouse to become self-sufficient;
- Accustomed lifestyle during the marriage;
- Issues pertaining to the child custody award and division of marital assets;
- Fault in causing the divorce (such as adultery); and
Assisting Lower Earning Spouses Achieve Fair Support Orders
There are many factors that go into spousal support, and many of these factors have to do with the standards you acquired during marriage, your ability to earn an income, and your likelihood of becoming self-sufficient. As such, elements that we may need to prove include:
- The standards you grew accustomed to are unachievable given your income;
- Your degree or working skills are out of date, or you never went to college, and therefore your earning ability is hampered—reasons to fight for rehabilitative spousal support
- Your age or physical health would hold you back from employment; and
Helping Higher Earning Parties Reduce Spousal Support
If you are worried about an impending spousal support order that you believe is coming, there are steps to take to ensure that the support is minimized to a fair level. These steps can include: proving that your spouse actually makes more than you, requesting that your spouse go through a vocational examination to prove that he or she does not actually need the support, or use marital division of property to negotiate a lower spousal support award by giving into certain concessions of your spouse.
Call a Williamsburg Spousal Support Attorney Today
If you are going through divorce, one of the key elements that you need to have a full understanding on is spousal support. To learn more, call the Williamsburg spousal support attorneys at Simms Showers LLP today at 703-879-1364 to schedule a consultation.