When couples in Virginia decide to divorce, one important issue that often arises is spousal support, sometimes referred to as alimony. Spousal support is designed to help the lower-earning spouse maintain a reasonable standard of living following a divorce. However, the calculation of spousal support in Virginia can be complex and depends on several factors.



At Cheryl Eddy Benn, P.C., we assist individuals in Virginia Beach by providing legal guidance through the spousal support process, ensuring your rights are protected and your financial future is considered.

Understanding How Spousal Support Is Determined

Virginia courts take a two-step approach to spousal support. First, the court determines whether support is appropriate based on the circumstances of the marriage and divorce. If it is, the court then calculates the amount and duration of the support.

Factors That Influence Spousal Support

When calculating spousal support, Virginia courts consider a range of factors, including:

• Income and Financial Resources: The income, assets, and earning capacity of both spouses are major considerations.
• Duration of the Marriage: Longer marriages often result in longer or more substantial support awards.
• Standard of Living During the Marriage: Courts aim to help the recipient spouse maintain a similar lifestyle to what they experienced during the marriage.
• Age and Health: The age, physical health, and mental condition of both parties play a role.
• Contributions to the Marriage: Contributions as a homemaker or supporter of the other spouse’s career are also factored in.
• Decisions About Employment: If one spouse made career sacrifices for the family, this is taken into account.
• Tax Consequences: The tax implications of any spousal support award are considered.

Use of Guidelines

In cases where the parties’ combined monthly gross income is $10,000 or less, Virginia uses a statutory formula to suggest a spousal support amount. However, judges have discretion to deviate from the guideline if justified by the circumstances.

For marriages longer than 20 years, courts are more likely to consider permanent spousal support, whereas shorter marriages often lead to limited-duration support.

Importance of Legal Representation

Spousal support can significantly impact your financial future. Whether you are seeking support or defending against an unreasonable request, having knowledgeable legal representation is crucial.

At Cheryl Eddy Benn, P.C., we understand the nuances of Virginia spousal support laws and are committed to helping Virginia Beach residents navigate these challenges with confidence.