Manassas Spousal Support
There are three types of alimony, or spousal support, in Virginia. These include rehabilitative spousal support, which is awarded to assist the receiving spouse in furthering his or her education or vocational training; temporary spousal support; and permanent spousal support, which is generally only awarded in marriages that lasted over 20 years. If you are divorcing your spouse, the Manassas spousal support attorneys at Simms Showers can help you achieve your goals in spousal support and all other aspects of your divorce, including the division of marital property, child support, and child custody, all of which have an impact on spousal support.
Calculating Spousal Support Based on the Pendente Lite Formula
Pendente lite translates to “pending the litigation.” However, the pendente lite formula used to calculate spousal support is no longer simply used “pending the litigation,” but is the traditional method used in northern Virginia during litigated spousal support hearings. It follows as such:
- Pendente Lite (Spouses have children together)—26 percent of the paying spouse’s monthly income minus 58 percent to the recipient spouse’s monthly income.
- Pendente Lite (Spouses do not have minor children together)—27 percent of the paying spouse’s monthly income minus 50 percent of the recipient spouse’s monthly income.
As an example of what this might look like, let us suppose the paying spouse’s monthly gross income is $8,000, while the receiving spouse’s gross monthly income is $2,000, and that the couple does not have minor children. 27 percent of the paying spouse’s income is $2,160. And, 50 percent of the receiving spouse’s gross monthly income is $1,000. As such, $2,160 minus $1,000 is $1,160, which would be the monthly child support awarded to the receiving spouse in this example. However, many other factors are used when awarding spousal support. And, in fact, spousal support is not awarded in all divorces, even if the earning difference between spouses is large. Spousal support is only awarded in ten percent of divorces.
Factors Used in Determining Spousal Support
The following characteristics of the marriage are taken into consideration when a judge awards or does not award spousal support:
- Contribution made by the receiving spouse to the increased earning power of the paying spouse;
- Duration of the marriage;
- Income of each party;
- Earning ability of each party, and the likelihood of the receiving spouse to become financially self sufficient;
- Age and health of each party;
- Certain circumstances that lead to the dissolution of marriage;
- The standard of living established during the marriage;
- Tax implications; and
- Other factors that can help lead to an equitable decision.
Call a Manassas Spousal Support Attorney Today
Whether you are the receiving or paying spouse, you need legal representation. Whether you are the husband or wife (despite only three percent of alimony recipients being men, according to Forbes), we can help you obtain the spousal support award you rightfully deserve. To learn more, call our Manassas spousal support attorneys at Simms Showers today at 703-879-1364 to schedule a consultation.
