Winchester Spousal Support
Spousal support is awarded in some divorces based on the receiving spouse’s need and the paying spouse’s ability to pay. Other factors, such as sacrifices the lower earning spouse made to further the career of the higher earning spouse, are taken into account. Furthermore, spousal support, also called alimony, is not awarded based on sex. Both male and female spouses can obtain spousal support and more men are receiving spousal support from their wives. If you are going through divorce, the Winchester spousal support attorneys at Simms Showers can help you either obtain this crucial financial aid or ensure that it is limited based on your spouse’s actual need.
Temporary Spousal Support in Winchester
Most short to medium-length marriages fall under the category of temporary spousal support, if spousal support is awarded. Temporary alimony is usually awarded for a set number of months or years, and for usually less than a decade. The general rule for the duration of temporary alimony is 50 percent of the length of the marriage. For example, if the marriage lasted ten years, alimony would be awarded for five. However, there are many exceptions to the rule.
Permanent Spousal Support in Winchester
For marriages that lasted over 20 years, there is a higher chance of permanent alimony. Additionally, permanent alimony may be awarded if the paying spouse is very wealthy, or if the lower earning spouse’s chances of becoming self-sufficient are very low, due to old age or disability, for example.
How Spousal Support is Awarded Based on the Pendente Lite Formula
Most northern Virginia counties, including Frederick, use what is called the “Pendente Lite” formula for calculating spousal support, under Virginia Ann. Code § 16.1-278.17:1. Pendente Lite means “pending the litigation,” and this calculation was used, in the past, to determine spousal support payments before litigation. However, today this formula is often used even during litigated spousal support hearings:
- Pendente Lite With Children—26 percent of the payer’s gross monthly income minus 58 percent to the recipient’s gross monthly income.
- Pendente Lite Without Children—27 percent of the payer’s gross monthly income minus 50 percent of the recipient’s gross monthly income.
Many other factors are taken into account to determine what a fair spousal support order is, if spousal support is awarded at all. While the Pendente Lite formula is used frequently, the income of each spouse is not the only deciding factor when calculating spousal support in Virginia.
Rehabilitation Spousal Support
In some cases, a court may decide that spousal support is warranted, but only necessary to assist the lower earning spouse to gain employment opportunities. As such, rehabilitative spousal support may be awarded to help pay for higher education, vocational training, and the cost of living while the spouse undergoes training or education.
Call a Winchester Spousal Support Attorney Today
Spousal support is just one of many challenging issues that is brought up during divorce. For experienced legal assistance during this challenging time, we urge you to call the Winchester spousal support attorneys at Simms Showers today at 703-879-1364 to schedule a consultation.
