Does alimony still happen in VA?
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Anonymous
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A friend of mine is planning to divorce after 30 years of marriage. Wife has never worked, but is highly educated.
What do they typically do in this case? |
Anonymous
| Yes, spousal support is a thing in Virginia, but is highly discretionary as to whether to award it and how much to award. |
Anonymous
| In your scenario, she should get alimony. |
Anonymous
| Yes, I did. Married 22 years. |
Anonymous
| What is the calculation typically in long term marriages? Does it go on forever? |
Anonymous
LOL no. 5-7 year term if you're lucky and immediate cut off if the spouse awarded gets remarried. |
Anonymous
She may receive "rehabilitative alimony" intended to support her while she gets into the workforce, and ends when she can support herself. Do note that the pending "Tax Cuts and Jobs Act" will change IRS rules such that income tax will NOT be deductible by the payee. Be sure to factor this into any settlement discussions. The net result of this law change will be more taxes paid by the couple as a whole, meaning less money available for alimony. |
Anonymous
That's why I told my ex-husband to stop the spousal support (he hated the fact that he had to pay that, purely because of it being called that) but increased the child support (because he had no problem agreeing to paying that.) Because I found out about having to claim spousal support as income. No thanks. |
Anonymous
| Yes, I had to pay it (I was the wife). Fairfax County had a calculator to determine how much. |
Anonymous
Thanks I just found it. Interesting. I guess if he is also paying child support that would be taken into account. I think he's going to end up living in a box. |
Anonymous
That calculator is ONLY valid for short term use up until the divorce is settled. Here is a direct quote from their website: “Pendente Lite” spousal support is calculated pursuant to Section 16.1-278.17:1. “Pendente Lite” means “pending the litigation.” It is intended to provide an amount of support until a court has the opportunity to have a full trial on whether spousal support will be awarded at all (Section 20-107.1.B) and, if so, the amount of spousal support (applying the factors spelled out in Section 20-107.1.E). It is NOT intended to calculate the amount of spousal support that might be paid on an ongoing basis after a final divorce. |
Anonymous
| We had proof of adultery so I didn't have to pay spousal support even though I'm the breadwinner and my ex made very little money. |
Anonymous
| There is case law on this which is about 15-20 years old from Fairfax County. Involved a lazy-ass PhD ex-wife and a long marriage. The judge said she had to work for a change. I have the case name written down at the office, it was an Indian name. |
Anonymous
| Regardless of her education, she will need to get a job. To “not work” is a perk of marriage that goes away when the marriage ends. |
Anonymous
Even if she hasn’t worked for 30 years and has kids at home? That seems like precedent. |