QUESTION

How is alimony determined in a VA divorce?

Asked on Oct 02nd, 2014 on Divorce - Virginia
More details to this question:
My husband was not faithful and we are divorcing. He makes a significantly larger income than I do. Am I entitled to a certain amount of his income as alimony?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Spousal support is based on your need and your spouse's ability to pay, along with a host of other factors under Virginia Code 20-107.1:  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-107.1  There are no set guidelines for spousal support the way there are for child support, but the court does use a formula for determining temporary support, so that is a good place to start.  When there are no minor children involved, you would take 30% of his income minus 50% of your income, so that should give you some idea of how much you may get.  There are many things that throw a wrench into this though, such as if one party is voluntarily underemployed or if one party is at fault in the divorce.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Oct 07th, 2014 at 7:40 AM

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