- posted: Jul. 21, 2015
- Family Law
Alimony or spousal support is based upon the philosophy that there is a duty of one spouse to provide financial support to the other upon the termination of marriage. The theory of alimony has changed over the decades to recognize the ability of either spouse’s ability to provide financial support to the other, rather than just a husband providing financial support to his wife upon the termination of the marriage. With that being said, the Virginia Court’s consider specific factors in determining whether a spouse should be required to provide financial support for the other, and those factors are part of Virginia law. However, in most cases the court is balancing only two factors – the one spouse’s need for financial support and the other spouse’s ability to pay. If a party is unable to show there is a need for financial support then the court will deny a request for support even if the other party has the ability to pay. The same is true if one spouse is able to establish that they do not have the ability to pay support (i.e. they cannot afford it), even if the other party is able to establish they need financial support from the other.
If you or a loved one is going through a divorce and you believe alimony may be an issue you need to contact an experienced divorce attorney who can assist you in protecting your rights. The Daugherty Law Firm can assist whether it’s a case where your spouse is seeking financial support from you or you need to receive financial support from your spouse. You can contact us by calling 703-335-6468 or contact us online to schedule a consultation.