Fairfax Spousal Support Attorneys

Work with a Highly-Respected Virginia Family Law Team

Divorce involves many issues for couples going through this often difficult legal process. One of those issues is spousal support, also referred to as spousal maintenance or alimony. This issue involves whether or not the support should be paid and, if so, how much and for how long it should be paid. Because it is a financial issue that can deeply impact your life, whether you are seeking it or contesting it, it can be a matter of heated dispute.

At Malinowski Hubbard, PLLC, we have handled countless divorce cases over the many years of our practice, including those involving spousal support. Our award-winning and highly reputable team is well-versed in Virginia law regarding this matter and deeply familiar with how the local courts operate regarding it.

Our spousal support lawyers can provide straightforward advice and guidance in handling disagreements or contentious disputes. With your financial security at stake, we recommend that you take advantage of our 40+ years of combined family law experience to effectively resolve your situation whether through negotiation or strong trial advocacy.

Need help with an alimony issue? Call us at (703) 935-4222 or arrange for a consultation online to discuss the specifics of your situation with an experienced Fairfax spousal support attorney.

How Alimony/Spousal Support Works in Virginia

Spousal support generally consists of monthly payments from the supporting party to the receiving party that can be ordered by the court on a temporary as well as a permanent basis. Spousal support can also be voluntarily agreed upon by the spouses prior to divorce, after which it may become part of the final divorce decree. Once it becomes ordered by the court, it becomes legally binding on the parties. This means that if a party fails to abide by the order, the court can take enforcement actions against the offender.

Spousal support may also be subject to a valid prenuptial agreement. If your prenuptial agreement contains an alimony arrangement of this sort, and the agreement was executed according to legal standards, the court may enforce the spousal support agreement terms.

Absent a prenuptial agreement and where parties disagree, spousal support is an issue that is decided on a case-by-case basis in the courts. It may be ordered temporarily while the divorce is pending and may or may not be ordered to continue afterward. It may be modifiable or not, may be terminated at a specific time, or may continue until it is modified or terminated through court action by either party.

This type of support is generally sought by a lower-income-earning spouse who faces financial distress through divorce. Courts will review many factors to determine whether or not it should be ordered and they have wide discretion in the matter. Proactively consulting with a spousal support lawyer in Fairfax can provide insights into what a realistic support order might look like.

These factors that impact alimony in Virginia can include:

• Each party’s financial situation, needs, and obligations
• Each party’s earning capability
• How long the marriage endured
• What each spouse contributed to the marriage in both economic and non-economic terms, such as child-rearing and household obligations
• Whether a spouse contributed to the other’s education, training, or career so as to improve earning power
• The standard of living that was maintained during the marriage
• The ages and health of both parties
• How child custody will affect either party’s ability to earn
• Any other factors that the court deems pertinent to the issue

Types of Spousal Support in Virginia

In Fairfax, Virginia, there are several types of spousal support, each designed to address specific needs and circumstances following a divorce or separation. Here’s an overview of the main types:

Temporary Spousal Support

This support is awarded during the divorce proceedings and is intended to help the lower-earning spouse manage living expenses until a final decision on spousal support is made. It provides immediate financial assistance to maintain a standard of living during the separation process.

Rehabilitative Spousal Support

Rehabilitative support is designed to assist a spouse in becoming self-sufficient, typically by enabling them to pursue education or job training. This type of support is often time-limited, contingent on the recipient’s efforts to gain the skills necessary for employment.

Permanent Spousal Support

Permanent spousal support may be awarded in long-term marriages where one spouse is unable to achieve financial independence due to age, health issues, or other factors. This support continues indefinitely, or until the recipient remarries or there is a substantial change in circumstances.

How Spousal Support Is Determined in Fairfax

When determining spousal support in Fairfax, the court typically begins by analyzing the financial disclosures provided by both parties. Each spouse is required to submit detailed information about their income, expenses, and assets. The court may also consider any existing agreements between the spouses, such as prenuptial or postnuptial agreements.

Once the necessary information is gathered, both parties may have the opportunity to present their situation. Mediation can also be a beneficial step in resolving disputes amicably. If an agreement cannot be reached, the court will make a determination based on the aforementioned factors. Mediation often offers a less adversarial and more flexible path to an agreement, preserving relationships between parties.

Our Fairfax spousal support attorneys can help you understand your rights and options in order to secure a fair outcome. Whether you are seeking spousal support or facing a request for support, our team is prepared to advocate for your interests and help you achieve a resolution that aligns with your goals.

Modifying or Terminating Spousal Support

Spousal support is not always permanent and can be modified or terminated under certain circumstances. 

Common reasons for alimony modification include:

• Change in Income: If the paying spouse experiences a significant decrease in income or the receiving spouse gains employment, support may be adjusted.
• Remarriage: If the recipient spouse remarries, spousal support is typically terminated.
• Change in Needs: Significant changes in the financial needs of either spouse can lead to a reevaluation of support terms.

Choose Malinowski Hubbard, PLLC for the Alimony Help You Need

Our experienced Fairfax spousal support lawyers are backed by decades of family law practice as well as significant achievements and recognition by the legal industry as highly professional representatives. They bring compassionate and insightful guidance to the initial issue of spousal support as well as later modification and enforcement orders. Whether you are seeking this support or contesting it, we can help and are ready to bring our skills and dedication to your case.

Contact us online or call (703) 935-4222 for legal assistance from our spousal support lawyers in Fairfax today.

FAQs About Spousal Support in Fairfax

What Is the Difference Between Alimony & Spousal Support?

In Virginia, the terms "alimony" and "spousal support" are often used interchangeably. Both refer to payments made from one spouse to another following separation or divorce. These payments are intended to ensure that both parties can maintain a reasonable standard of living post-divorce. It's vital to note that the terms of spousal support or alimony arrangements can vary based on factors such as income discrepancy, marriage duration, and individual financial needs.

Can Spousal Support Be Higher If Cost of Living Increases?

Spousal support amounts can sometimes be adjusted if there's a significant change in the cost of living, particularly if it affects the recipient's ability to maintain the standard of living established during the marriage. Courts may review economic changes on a case-by-case basis, considering both regional inflation rates and the individual circumstances of the parties involved. To pursue such adjustments, either party would typically need to file a modification request, or may include a cost of living adjustment in the original terms for alimony. Consulting with a knowledgeable spousal support lawyer in Fairfax about these potential changes can be instrumental in maintaining a fair and balanced financial arrangement.

How Does Remarriage Impact Spousal Support?

Remarriage generally leads to the termination of spousal support payments to the receiving spouse. This termination aligns with the view that the new marriage should provide financial partnership and support to both parties. It's advisable to review any existing legal documentation or agreements to fully understand how remarrying might affect ongoing financial arrangements.