PMJF Blog

Spousal Support

Spousal support is often an issue of utmost importance to our clients who are going through a divorce.  The determination of spousal support often depends on the court in which spousal support is determined and the nature of the hearing.  If temporary, or pendente lite, spousal support is being determined by a Juvenile and Domestic Relations District Court then a specific formula is applied to determine a presumptive amount of support.  See Virginia Code § 16.1-278.17:1.  The formula is set forth in section (C) of this statute:

  • C. If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 28% of the payor spouse’s monthly gross income and 58% of the payee spouse’s monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 30% of the payor spouse’s monthly gross income and 50% of the payee spouse’s monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2, as amended.

However, the court may deviate from this amount in certain circumstances.  It is important to understand when a deviation may occur and only an experienced attorney can provide you with the information necessary to foresee how the matter of spousal support may best be handled in the Juvenile and Domestic Relations District Courts.  Our attorneys have the knowledge and experience necessary to work through these issues with you and to see that your interests are adequately represented in court.

An award of temporary and/or permanent spousal support is also often sought in the Virginia Circuit Courts as part of a divorce proceeding.  In these cases there is not a specific formula for the court to apply.  Instead the court considers a number of statutory factors when determining a spousal support award.  This process is generally provided for in Virginia Code § 20-107.1.  These factors are set forth in Section (E) as follows:

  • E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties and any special circumstances of the family;

5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;

6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7. The property interests of the parties, both real and personal, tangible and intangible;

8. The provisions made with regard to the marital property under § 20-107.3;

9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;

10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;

11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Working through all of these factors in court and presenting them through evidence favorable to your case is often a big challenge.  It is also one of the most important challenges many face as part of the divorce process.   There is more to this process than can be covered in this brief overview thus it is imperative that you talk to a qualified attorney if spousal support will be an issue in your divorce.  Our attorneys have the knowledge and experience necessary to work through these issues with you and to see that your interests are adequately represented in court.

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