Spousal Support

Chesapeake Spousal Support Lawyer

Family Law Representation in Chesapeake, Virginia Beach & Suffolk, VA

Navigating the complexities of Virginia divorce can be challenging, particularly regarding financial matters like spousal support. This support, often referred to as alimony, is a financial arrangement that aims to provide monetary assistance to a spouse following a divorce or separation.

Spousal support is not automatic in the divorce process. A spouse does not have an intrinsic right to receive it. You must request this financial support, and whether or not it is awarded will be determined by the court based on the specific circumstances of your case.

At Pettrey Law, PLC, we focus on Virginia family law; Attorney Pettrey has vast experience representing clients in all aspects of divorce. He can represent your interests in this issue, whether you seek or contest a spousal support award. With over a decade of practice negotiating and litigating this issue, he has the knowledge and skills to help you pursue an optimum outcome.

Reserve your initial consultation with our Chesapeake spousal support attorney at Pettrey Law, PLC by calling (757) 796-6996 or by email.

Spousal Support Basics in Chesapeake, VA

The primary purpose of spousal support is to provide financial stability to a lower-earning or non-earning spouse. It is meant to help the spouse maintain a reasonable standard of living post-divorce until they can become self-supporting. It is not meant to punish the spouse who is providing this support.

Spousal support can be negotiated and agreed upon by the couple outside court. An existing prenuptial or postmarital agreement may have also predetermined it. Where the parties disagree on whether it should be provided, the court will decide on a case-by-case basis. The determination of spousal support also includes the amount and duration. It can be awarded as a monthly payment or as a lump sum.

Types of Virginia Spousal Support

Several types of support are available in Virginia, depending on the specific circumstances of the case:

Temporary support: This is awarded during the divorce proceedings and is intended to maintain the status quo until a final settlement is reached.
Rehabilitative support: Designed to help the recipient become self-sufficient, this support is typically awarded for a fixed period while the receiving spouse undergoes education or training.
Permanent support: This is awarded in cases where one spouse is unlikely to become financially independent due to age, health, or other factors. It generally continues until the recipient remarries or either party passes away.

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Factors Determining Spousal Support

When determining whether to award spousal support and the amount, Virginia courts consider numerous factors, including:

Length of the marriage: Longer marriages may justify more extended support periods.
Financial needs: The court assesses the financial needs of both parties, including debts and living expenses.
Age and physical and mental condition: The age and health of each party are evaluated to determine their financial needs and earning potential.
Earning capacities: The potential earning capacity of each spouse is evaluated, considering education, skills, and employment history.

Contributions to the marriage: Non-economic contributions, such as homemaking and child-rearing, are also considered.
Standard of living during the marriage: The court looks at the lifestyle established to ensure continuity post-divorce.
Time necessary for financial independence: Consideration is given to how long it might take for the recipient to become financially self-sufficient.
The supporting party’s ability to pay while meeting the recipient's needs: The court considers the financial capability of the spouse providing support.
Other relevant factors: Any additional circumstances that might influence the financial dynamics post-divorce are also considered.

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Modifying Spousal Support in Chesapeake

Spousal support agreements are not set in stone and can be modified under certain circumstances. Courts understand that life changes and unforeseen events can impact financial arrangements, making modifications necessary.

Spousal support can be modified if a significant change in circumstances affects either party’s financial situation. These changes can include a substantial increase or decrease in income, losing a job or gaining one with higher earnings, or significant health problems that affect earning capacity.

To modify support, you must file a petition with the court demonstrating the changes and providing evidence. The court will review the matter, often involving a court hearing where both parties can present their case.

What Happens If a Spouse Doesn’t Pay Spousal Support?

When a spouse fails to fulfill their court-ordered obligation to pay spousal support, legal remedies are available to ensure compliance. Courts take such violations seriously, as spousal support orders are legally binding agreements designed to protect the financial stability of the recipient.

If payments are late, incomplete, or entirely withheld, the recipient can file a motion for contempt of court. This legal action brings the issue before a judge, who can enforce compliance through various means. Penalties for non-payment may include fines, wage garnishment, or even incarceration in severe cases. Courts may also order the delinquent party to cover the legal fees and costs incurred by the recipient to enforce the order.

Another option is wage garnishment, where the court orders the employer of the non-paying spouse to withhold the required payments directly from their paycheck. In cases of persistent non-payment, a lien can be placed on the non-compliant party’s property or other assets.

It is essential to maintain thorough records of all missed or partial payments to strengthen any legal action. Working with an experienced Chesapeake spousal support attorney can help streamline the enforcement process and ensure the necessary documentation is presented effectively.

Deliberate non-payment can lead to long-term legal and financial consequences for the non-compliant spouse, emphasizing the importance of adhering to court orders.

Why Choose Pettrey Law, PLC for Your Chesapeake Spousal Support Case?

The complexities of spousal support require a deep understanding of family law and a strategic approach tailored to your unique situation. Attorney Pettrey recognizes the intricate nature of these cases, from the legal proceedings to the sensitive negotiations involved.

Our firm is committed to providing the personalized representation you need to protect your rights and make your voice heard. Whether you want to secure, oppose, or modify spousal support, we can guide you through this challenging process with confidence and care. Our attorney works diligently to help you achieve a favorable outcome.

Call us at (757) 796-6996 or contact us online to speak with our Chesapeake spousal support attorney about your case.

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