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Virginia’s Laws for Determining Spousal Support

Several Factors Come into Play when Determining Alimony

Determining spousal support in Virginia can be challenging. Alimony issues arise when couples have been married for a substantial time frame and have a significant income gap. Courts award money in divorce cases to help one spouse maintain the living standard they held while married. If you are in an alimony battle with your former spouse, you may feel confused about how it works. Don’t worry. Our team of experienced attorneys can help.

Turk & Turk, P.C.’s experience in alimony cases has helped countless clients. Today, we will discuss how courts determine spousal support in Virginia. First, we will discuss the three main types of support. Then, our law firm will talk about how Virginia courts determine the amount paid. Finally, Turk & Turk, P.C. will discuss the recent tax consequences of alimony. We are proud to educate our customers about how Virginia courts determine money support.

Courts Classify Spousal Support in Three Ways

In Virginia, there are three main types of alimony that a court can award. They are pendente lite support, permanent support, and limited duration support. The court determines the type and amount of support that you need based on various factors. Here is what each type of support means:

Pendente Lite Support

The court awards this support during the proceedings on a temporary basis until it renders a final agreement. Despite being brief, pendente lite support will convert to a more extended obligation once everything gets finalized.

Permanent Support

This support is not as typical as one may think. Usually, the court can award permanent support in long-term marriages when one party reaches the retirement age. Judges can also award endless support if one party is severely disabled and can’t work.

Limited Duration Support

Courts consider this the most common type of spousal support awarded. A judge can order limited duration support for a specific time when one party will pay the other. The expenses usually consist of rehabilitative or reimbursement support.

The paying party can return to court for a modification if they desire to do so.

Virginia Courts Consider Several Factors in Spousal Support Cases

Adultery by one party will not always bar them from receiving support. If the party seeking help isn’t barred from it, the court determines the amount based on Virginia Code 20-107.1. The factors include incomes and financial needs of both parties, marriage duration, and the living standard held during the marriage.

In many cases, one crucial factor that courts consider is the decisions regarding employment, career, economics, and education. Parenting arrangements made by the parties while married that can affect their earning potential can also affect the support. The amount can also change depending on how long both parties have been out of the job market. Consult one of our attorneys today if you would like to learn more about what courts consider in alimony cases.

Alimony Cases Have Tax Consequences

Prior to January 1, 2019, courts considered alimony payments as taxable income to the recipient and tax-deductible to the originator. Since both parties are usually in different tax brackets, this is an essential consideration for spousal support cases. Enacted by the federal government in December of 2017, the Tax Cuts and Jobs Act (TCJA) changed this matter.

The changes include deductions that individuals can claim on their tax returns and the manner in which they get taxed. One of the act’s most significant changes was eliminating the deductibility from taxes. As of January 1, 2019, spousal support is no longer deductible by the paymaster or considered taxable income for recipients. This change had a significant impact on alimony support cases in the Commonwealth of Virginia. If you are battling a money case, having an experienced attorney by your side can make things easier.

Turk & Turk, P.C.’s Family Law Attorneys Will Fight for You

Here at Turk & Turk, P.C., we pride ourselves on quality client support. For more than 70 years, we have helped clients battle spousal support cases throughout Virginia. Each case carries its own different circumstances, and our lawyers can help you navigate through it all. Spousal support cases are stressful for everyone involved, and we can help you through them.

Since our inception, residents in and around Radford, VA, have come to us for all of their family law matters. Our team is proud to provide clients in the Commonwealth of Virginia with strong defenses for family law cases. With our experience, you will have a strong case in court to get what you deserve. Alimony cases carry a lot of stress for both parties with all of the moving parts that occur. Because of that, you need an experienced lawyer to fight for your rights. To learn more about our family law services, contact us.

For more information about determining spousal support, call Turk & Turk, P.C. at (540) 639-9056 or send us an email. Like us on Facebook to stay up-to-date with the latest news and information. We proudly bring more than seven decades of experience to the office every day while serving the New River Valley. We pride ourselves on helping our clients throughout the Commonwealth of Virginia in the best way possible. Turk & Turk, P.C. will fight for your rights in family law cases and more. Contact us today to learn more about determining spousal support.