Spousal Support Attorney in Virginia Beach

Factors Influencing Spousal Support

Income isn’t the only factor in a spousal support ruling. Even when a temporary formula produces a negative number, the higher-earning spouse could be ordered to make payments after the court considers the evidence and applicable law. Virginia Code § 20-107.1 directs courts to evaluate multiple factors when deciding the nature, amount, and duration of support.

The court may consider factors such as:

• The parties’ financial needs, obligations, and available resources.
• The length of the marriage and the marital standard of living.
• Each spouse’s age and physical or mental condition.
• Education, training, employment opportunities, and earning capacity.
• The time and cost required for a spouse to improve earning ability.
• Monetary and nonmonetary contributions to the family.
• Contributions to the other spouse’s education, career, or earning ability.
• Property interests and provisions concerning marital property.
• Employment and parenting decisions made during the marriage.
• The circumstances that contributed to the marriage’s dissolution.

The receiving spouse’s employability can be an important consideration. A spouse’s age, job skills, education, job history, health, and time away from the workforce may affect the assessment. For example, a stay-at-home parent may need time or training before returning to employment.

No formula assigns a fixed value to every statutory factor. Whether you’re requesting or opposing support, we can organize the relevant financial and marital evidence and present your position under the statutory framework.

Spousal Support & Adultery

Adultery may affect eligibility for spousal support under Virginia law, but it doesn’t automatically decide every support dispute. The court must evaluate the evidence, the type of support requested, and any applicable statutory exception. In some circumstances, the court may consider whether denying support would create a manifest injustice, meaning a plainly unfair result based on the parties’ relative fault and economic circumstances.

Adultery allegations are often difficult to prove in court. They require evidence and witness testimony rather than suspicion alone. Our team can investigate adultery allegations when appropriate, defend clients who are wrongfully accused, and help clients develop evidence concerning alleged infidelity.