"Spousal support deals with the dynamic balancing of each individual's responsibility for self-support with the marital obligation to provide support to a spouse with insufficient means to provide for his or her own maintenance."
- Pamela M. Pacetti
A court may award spousal support to a party on a temporary basis during the pendency of the case. At the final hearing the court may award Rehabilitative Spousal Support (payable periodically for a defined duration), Permanent Spousal Support (payable periodically for an undefined duration), Lump Sum Spousal Support (payable as a fixed amount in one payment or payments over time), or in any combination thereof. In a case in which a request for spousal support is denied, the court may reserve the right of a party to receive support in the future for a period equal to fifty percent of the length of the marriage.
The Court must consider the following factors in making a determination concerning the support and maintenance of a party:
- the obligations, needs and financial resources of both parties
- the standard of living established during the marriage
- the duration of the marriage
- the age, physical and mental conditions of both parties
- circumstances warranting a party not seeking employment
- the monetary and nonmonetary contributions of each party to the well-being of the family
- the property interests of both parties
- how the assets and liabilities of the parties were distributed
- the earning capacity, including skills, education and training of both parties
- the ability to secure employment and the cost involved in gaining the skills necessary to secure employment
- decisions concerning parenting arrangements during the marriage
- other factors that are necessary to consider the equities between the parties
Permanent spousal support terminates at the earlier of: the death of either party; the remarriage of the receiving party; or the cohabitation by the receiving party in a relationship analogous to marriage for a period in excess of one year.
Spousal support may be awarded to a party even if that party is found to have caused the dissolution of the marriage. A spouse who is proven to have committed adultery, however, is barred from receiving a spousal support award, unless the denial of support would cause a "manifest injustice" based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.
As with the equitable distribution of property, an agreement between the parties concerning the amount and duration of spousal support is possible and will be respected by the court.
For more information on how we can assist you, contact us to schedule a confidential consultation.
Pamela M. Pacetti
Attorney at Law
3919 Old Lee Highway, Suite 82-C
Fairfax, Virginia 22030
Telephone: 703-591-0056
Facsimile: 703-591-2443
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