The financial responsibilities between spouses can sometimes lead to contentious family court disputes. Many couples lack a pre-existing agreement regarding alimony, necessitating either negotiation for an uncontested divorce or litigation, in which case a judge will apply Virginia law to their situation and make a decision.
The primary concerns about alimony in Virginia are its duration and the amount one spouse must pay the other. There is no Virginia spousal support calculator. Instead, the specific circumstances of each case and the application of certain factors in the Virginia Code influence the decision about alimony. In cases involving short-term alimony, pending the final outcome in the matter, guidelines may be considered when determining the amount of support.
In cases when a party is requesting short-term support pending the final outcome, state law provides a clear formula for calculating alimony for many households, primarily based on the income levels of each spouse. For couples without children, the formula involves subtracting 50% of the gross income of the receiving spouse from 27% of the gross income of the paying spouse. If there are children involved, the courts consider 58% of the receiving spouse’s income and 26% of the paying spouse’s income.
For households with exceptionally low income or a combined monthly income exceeding $10,000, judges must make determinations on a case-by-case basis after thoroughly reviewing the family’s circumstances. Understanding this formula can help those concerned about their ability to support themselves during and after the divorce process feel more confident.
Those who might be ordered to pay long-term support can take comfort in knowing that courts will consider limiting payments based on a party’s ability to pay and factors such as the duration of the marriage and reasons for the dissolution of the marriage. Ultimately, seeking legal guidance and understanding the specific rules regarding alimony, the Virginia spousal support online calculator, and other financial matters in Virginia divorces can better prepare individuals for both the divorce process and life after marriage.
As stated in the Code of Virginia, even if the court is presented with a guideline calculation in a temporary support hearing, the judge is not obligated to adhere to the specified percentages:
“The court may deviate from the presumptive amount for good cause shown, including any relevant evidence relating to the parties’ current financial circumstances that indicates the presumptive amount is inappropriate.”
The court may consider various forms of relevant evidence to deviate from either the default pendente lite amount or when making its final determination. Such evidence may include:
If you have questions regarding alimony or spousal support, including questions about the Virginia spousal support online calculator, the family law attorneys at ShounBach are here to help. We handle a wide range of family law matters, as well as estate planning and other practice areas. Our firm has been recognized in Super Lawyers and the U.S. News list of Best Law Firms. Our office is in Fairfax, and we can assist individuals throughout Northern Virginia. Contact us today at 703-222-3333 or through our online contact form to find out what we can do for you.
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