Winchester Spousal Support Lawyer
Attorney for Alimony and Spousal Maintenance Matters in Virginia
Spousal support, also referred to as "alimony" or "maintenance." can be one of the issues in a divorce that keeps the matter from resolving amicably. At Buchbauer & McGuire, P.C., our Winchester, Virginia spousal support lawyers will be by your side every step of the way. From initial consultation to the conclusion of your case, we offer skilled representation and guidance.
The Court may order that spousal support be paid periodically or in a lump sum. Spousal support may be awarded without regard to the reason for the breakdown of the marriage, although a person who commits adultery is presumed to be barred from receiving spousal support.
For detailed information on how we can help your alimony case, call our spousal support lawyers at (540) 508-8995 or contact us online today. We also serve residents of Shenandoah Valley and the surrounding areas.
How is Spousal Support Determined in Virginia?
Temporary spousal support may be granted from the date of separation until a divorce is finalized. In determining temporary spousal support, the Court uses a guideline calculation based on the parties’ gross monthly income but also considers the payee’s needs and the payor’s ability to pay.
Determining Factors for Alimony
The amount and duration of post-divorce spousal support is in the discretion of the Court.The Court is guided by several factors, including:
- Each spouse's obligations, needs and financial resources, including, but not limited to, income from all pension, profit-sharing or retirement plans, of whatever nature
- The standard of living established during the marriage
- The duration of the marriage
- The spouses' ages and physical and mental conditions, and any special circumstances of the family
- The extent to which the age, physical or mental condition or special circumstances of any child would make it appropriate that a spouse not seek employment outside of the home
- Each person's monetary and non-monetary contributions to the well-being of the family
- The spouses' property interests, both real and personal, tangible and intangible
- The provisions made with regard to division of marital property
- Both spouses' earning capacities, including their skills, education and training, and the present employment opportunities for persons possessing such earning capacity
- The opportunity for, ability of, and the time and costs involved for a spouse to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
- The decisions regarding employment, career, economics, education and parenting arrangements made by the couple during the marriage, and their effect on present and future earning potential, including the length of time one or both of the spouses have been absent from the job market
- The extent to which either spouse has contributed to the attainment of education, training, career position, or profession of the other party
- Other factors, including tax consequences, as are necessary to consider the equities between the spouses
What Happens to Spousal Support After a Person Dies?
By law, spousal support terminates upon the death of either spouse, the remarriage of the payee, or the payee’s cohabitation with a person in a relationship analogous to marriage for a period in excess of one year.
For Reliable Representation, Contact Our Winchester Spousal Support Attorneys Today
Buchbauer & McGuire, P.C. is ready to help you resolve disputes with your partner to create solid spousal support arrangements. We are prepared to help you find an amicable resolution out of court and, if this isn’t possible, to litigate your position before a judge.
Industry Leading Attorneys
Our attorneys are actively involved in updating and writing the law through our participation with the Virginia Bar Association’s Family Law Coalition. They are recognized for their family law experience, internationally, nationally and in Virginia.
We look at the law differently to achieve your goals and the best outcome.
A Team You Can Trust
We provide guidance and communication throughout the process to keep you informed.
Decades of Experience
Our skilled litigators have over 75 years of combined legal experience.