Waldman & Associates, PLLC

Barry J. Waldman, Esq.
March 25, 2009

The duty to support one’s spouse or the right to receive support from your spouse is largely governed by Statute in Virginia. Virginia law refers to this duty, and its ultimate calculation, in dollar amount, as Spousal Support. For most practical purposes Virginia’s Spousal Support is the equivalent to Alimony that may be awarded in other states.

There is a general duty under Virginia law to provide basic necessities for your spouse. These necessities are generally limited to food, shelter, clothing and medical care, but only to the extent that the providing spouse has the financial means to provide for these necessities. This duty is defined outside of the Virginia Code sections that describe the rules for determining Spousal Support.[1]

The determination of whether a spouse is entitled to Spousal Support, and the amount of payment the supporting spouse is to make, can be made by two different levels of Court. The Juvenile and Domestic Relations District Court has the authority to make a Spousal Support determination, separate and apart from a divorce, by the filing of the appropriate petitions. The Circuit Court, or highest level of local trial court, has the authority to award Spousal Support either as part of a divorce proceeding or, in a less frequently utilized method, by request made separate from a Divorce.

Frequently, but not in every case, the Court will hold a minimum of two hearings to determine Spousal Support. The first hearing can result in a temporary ruling called a "pendente lite" order of support. In the Juvenile and Domestic Relations District Court, the Judge is encouraged to use a math formula for this temporary support ruling.[2] In the Circuit Court, the Court is not required or even encouraged by the Virginia Code to use a specific math formula in making a pendente lite order of support.[3] As a practical matter, however, experience has shown that Circuit Court Judges will consider the same calculation, while not feeling bound to follow the result.

In making a final decision on Spousal Support, however, neither the Juvenile and Domestic Relations District Court nor Circuit Court Judges are required or even encouraged to use a math formula to determine spousal support. In both cases, in making a final decision, the Judges are directed to consider “factors”. These factors are not directly related to a math formula, but instead allow the judge flexibility to consider the individual needs and abilities of the two spouses. These considerations include:

- The Standard of Living enjoyed during the marriage

- The demonstrated need of the party requesting support.

- The demonstrated ability of the spouse who may be ordered to pay support to actually make the payments requested

- The reason that the marriage has broken down.[4]

Spousal Support can be awarded for different periods of time. A Judge can order that spousal support be paid on a periodic (typically monthly) basis for a set period of time (typically a set number of months). Spousal Support can be, in rare circumstances, ordered paid in one lump sum. Finally, Spousal Support can be ordered “permanently” (Again typically on a monthly basis). “Permanent” orders of Spousal Support can however be changed for a variety of reasons.[5]

Adultery can also affect the right to receive support. The individual who is guilty of adultery can be denied Spousal Support and is generally presumed to be barred from receiving a “permanent” order of Spousal Support.

Spousal Support can be a complicated issue that has long-lasting effects for the individuals involved. Before making a request for Spousal Support, or if you have received a request from your spouse for Spousal Support it is important that you meet with an attorney who is experienced in family law. The value of a trained professional can make a significant difference.

Barry Waldman can be reached at 540-891-1414 or reception@waldman-law.com.

* This article is provided as general information only and should not be relied upon in place of receiving advice directly from an attorney licensed to practice law in the state having jurisdiction over your case. The information provided is intended solely to encourage individuals to seek the advice of an attorney and does not, in and of itself, constitute advice provided to the reader.