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It is important for separating spouses to maintain fiscal stability as they divide property and change their living situations. Alimony is the court-ordered provision of spousal support to maintain financial stability after a divorce and is dependent on multiple individual case factors. Consultation with experienced alimony attorneys in Fairfax Virginia at Eisenhower, Laufer & Duran may reduce anxiety for divorcing parties who require financial support from a soon to be ex-spouse or who may be liable for providing support to a soon to be ex-spouse. Married partners have a duty to each other to be financially responsible for the other spouse until they're divorced. In some cases, one spouse may have to continue the financial obligation to the other in the form of payments of alimony, or spousal support after a marriage ends in Virginia.
Alimony after divorce. In the State of Virginia, alimony is not punitive in nature, but is rehabilitative and need-based and is intended to provide necessary aid to a spouse is not voluntarily unemployed or underemployed, and who does not have enough money/income to provide for his or her own reasonable needs. Proof of adultery and other fault can preclude a spouse from receiving alimony in Virginia, however, a judge can still award alimony when a denial would be severely detrimental to the requesting spouse’s livelihood, despite degrees of fault or infidelity identified in a marriage that led to the divorce action. Fairfax Virginia Alimony attorneys can assist with the drafting of support and maintenance agreements based on the factors used by the court in ordering alimony, including but not limited to:
Standard of living established throughout the relationship and marriage,
· Duration of the marriage,
· Age, physical and emotional health of divorcing parties,
· Employment and earning ability,
· Income and financial needs,
· Property interests of both parties,
· Decisions made during the marriage regarding employment (such as decisions to stay at home, pursue higher education),
· Monetary contributions of the parties to the marriage.
Alimony awards can be made by a presiding judge to occur through:
Virginia courts are conservative and only award alimony when they deem it necessary, such as cases involving lengthy marriages, disability, large income gaps, or lack of employment by the spouse requesting fiscal assistance.
Alimony can be paid in one lump sum, or through period payments agreed upon by both parties. They are generally set to be given over a specific number of years and will be discontinued upon the death of either spouse, or cohabitation, or remarriage by the spouse receiving fiscal support. Alimony attorneys in Fairfax are instrumental in payment arrangements meant to address the best interest of their clients as they strive to maintain a livelihood after a Fairfax Virginia divorce action.
Alimony support modifications in Fairfax Virginia.
Alimony support modifications can be prepared and filed to petition for a change in the maintenance and support of an ex-spouse due to the need for increase, decrease, or termination when changes in circumstances impact the ability to pay, or the need for each party to the alimony agreement. Fairfax Virginia Alimony attorneys will make certain that all factors surrounding the marriage are brought to light so clients will receive the necessary support they need during a transition, or for longer periods in some cases.
Types of alimony.
Family law attorneys in Fairfax can explain the differences in the types of alimony as pertains to a divorce action in the State of Virginia including:
· Temporary. Financial support from one spouse to the other during the divorce process.
· Permanent. A permanent, or continuous award for spousal maintenance is one that has no ordered termination date. This type of alimony is ordered when one of the spouses is too old to be reasonably expected to enter the workforce, or is suffering from a disability that reasonably prevents them from working.
· Reimbursement. This type of alimony occurs when one party is essentially compensated for the investment they made in the other person, such as helping pay for their education, or supporting them as they set up, or grew a viable business.
· Rehabilitative. The most common kind of spousal maintenance is a rehabilitative award. One of the spouses may have made sacrifices so the other could continue to work while the children were young, or worked part time to cover childcare duties. Many times a spouse may put off getting a college degree because of family obligations. In this type of support, a Court may order alimony long enough for that person to finish a degree, or go through training to access a higher paying job, or career goal. There may be a date set, or the judge may order the award of spousal maintenance to stop when certain conditions are met.
Seek legal counsel in Fairfax Virginia.
The Law Firm of Eisenhower, Laufer & Duran will guide divorcing parties through the process of identifying instances when alimony is required, and prepare documentation requesting the type of, and length of time it will be needed, in accordance with Virginia laws. Alimony attorneys at the Eisenhower, Laufer & Duran, P.C. will make a case for individuals after initiating an Alimony Support Order and calculating the amount of support required from the paying spouse to maintain fiscal stability during and after a divorce action in Fairfax Virginia.
Eisenhower, Laufer & Duran, P.C.
10560 Main Street, Suite 515
Fairfax, Virginia 22030, United States
Eisenhower, Laufer & Duran, P.C.
10560 Main Street, Suite 515, Fairfax, VA 22030
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation .
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