Spousal Support Lawyers in Fairfax, VA

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“Alimony” and “Spousal Support” are the same thing in Virginia, sometimes referred to as maintenance. Consultation with experienced spousal support attorneys in Fairfax Virgina 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 payment of support to their spouse.  Parties can be ordered to provide financial support to the other pending a final order of divorce, and can be ordered to provide continuing financial support to the other for a defined or undefined period of time after the divorce. 

Spousal support after divorce.  

In the State of  Virginia, support 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 spousal support in Virginia, however, a judge can still award spousal support 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  Spousal support attorneys can assist with the drafting of support and maintenance agreements based on the factors used by the court in ordering support, 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,

Spousal support awards can be made by a presiding judge to occur through:

• Periodic payments for a defined duration,
• Periodic payments for an undefined duration,
• A lump sum amount,
• Any combination of the above.

Maintenance payment.

Virginia courts are conservative and only award spousal support 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.  

Unless there is a pre-existing agreement, spousal support will be discontinued upon the death of either spouse, or cohabitation, or remarriage by the spouse receiving fiscal support.  Spousal support 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.  

Spousal support modifications.

Spousal 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.  Sometimes a modification is addressed when the paying spouse is close to retirement age as they may then experience fixed income amounts decreasing the ability to pay.  Spousal support can only be changed by the court and is part of the legal framework between ex-spouses for decent fiscal treatment to one another after a divorce causes financial and emotional upheaval in Virginia.  Spousal support 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. 

·  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 or given up career mobility. 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 spousal support is required, and prepare documentation requesting the type of, and length of time it will be needed, in accordance with Virginia laws. Attorneys at Eisenhower, Laufer & Duran, P.C. will make a case for individuals after initiating a Spousal 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

703-352-9690