Fairfax Spousal Support Attorneys
Work With a Highly-Respected Virginia Family Law Team
Divorce involves many issues for couples going through this often difficult legal process. One of those issues is spousal support, also referred to as spousal maintenance or alimony. This issue involves whether or not the support should be paid or not and, if so, how much and for how long it should be paid. Because it is a financial issue that can deeply impact your life, whether you are seeking it or contesting it, it can be a matter of dispute.
At Malinowski Hubbard, PLLC, we have handled countless divorce cases over the many years of our practice, including those involving spousal support. Our award-winning and highly-reputable team is well-versed in Virginia law regarding this matter and deeply familiar with how the local courts operate regarding it. We can provide straight-talk advice and guidance in handling disagreements or contentious disputes. With your financial security at stake, we recommend that you take advantage of our 40+ years of combined family law experience to effectively resolve your case whether through negotiation or strong trial advocacy.
Need help with a spousal support issue? Call us at (703) 935-4222 or arrange for a consultation online to discuss the specifics of your case with an experienced attorney.
Spousal Support in Virginia
Spousal support generally consists of monthly payments from the supporting party to the receiving party that can be ordered by the court on a temporary as well as a permanent basis. Spousal support can also be voluntarily agreed upon by the spouses prior to divorce after which it may become part of the final divorce decree. Once it becomes ordered by the court, it becomes legally binding on the parties. This means that if a party fails to abide by the order, the court can take enforcement actions against the offender.
Spousal support may also be subject to a valid prenuptial agreement. If your prenuptial agreement contains an arrangement of this sort and the agreement was executed according to legal standards, the court may enforce the spousal support agreement terms.
Absent a prenuptial agreement and where parties disagree, spousal support is an issue that is decided on a case-by-case basis in the courts. It may be ordered temporarily while the divorce is pending and may or may not be ordered to continue afterwards. It may be modifiable or not, may be terminated at a specific time, or may continue until it is modified or terminated through court action by either party.
This type of support is generally sought by a lower income-earning spouse who faces financial distress through divorce. Courts will review many factors to determine whether or not it should be ordered and they have wide discretion in the matter.
These factors can include:
- Each party’s financial situation, needs, and obligations
- Each party’s earning capability
- How long the marriage endured
- What each spouse contributed to the marriage in both economic and non-economic terms, such as child-rearing and household obligations
- Whether a spouse contributed to the other’s education, training, or career so as to improve earning power
- The standard of living that was maintained during the marriage
- The ages and health of both parties
- How child custody will affect either party’s ability to earn
- Any other factors that the court deems pertinent to the issue
Choose Malinowski Hubbard, PLLC for the Help You Need
Our experienced Fairfax spousal support lawyers are backed by decades of family law practice as well as significant achievements and recognition by the legal industry as highly-professional representatives. They bring compassionate and insightful guidance to the initial issue of spousal support as well as later modification and enforcement orders. Whether you are seeking this support or contesting it, we can help and are ready to bring our skills and dedication to your case.
Contact us online or call (703) 935-4222 for legal assistance today.
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