Divorce isn’t just about dissolving a marriage. It often reshapes each spouse’s financial future. For many couples, spousal support (often called alimony) becomes one of the most important – and contentious – issues in a divorce case.
In Virginia, courts strive to create fair support orders, but “fair” rarely means the same thing across cases. Recent court decisions are also refining judges’ views on long-term and rehabilitative support, making it crucial to understand both the statutory factors and the evolving legal landscape.
What Spousal Support in Virginia Beach Really Means
Spousal support, in general, refers to a court-ordered payment from one spouse to the other following a separation or divorce. It can be temporary, providing short-term help while the divorce is pending (known as pendente lite support), or post-divorce, which may be short-term (rehabilitative), long-term (indefinite), or a lump sum payout.
Rehabilitative support provides the lower-earning spouse with some breathing room to become self-sufficient after the divorce is final, perhaps to complete a degree or training to re-enter the job market after years spent caring for children. Long-term, or indefinite support, provides continuing financial assistance when self-sufficiency isn’t realistic because of age, health, or other barriers. Which type of support the court orders will depend on the unique circumstances of each marriage and factors spelled out in Virginia law.
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The Factors the Court Weighs When Making These Determinations
Virginia Code § 20-107.1 requires judges to consider a wide range of circumstances before deciding to award support, how much to award, and for how long. Judges use the following factors to create a comprehensive picture of the couple’s life together and their anticipated needs afterward.
- Earning capacity and financial resources – The court looks not only at each spouse’s current income but also at their ability to earn in the future.
- Standard of living during the marriage – Judges aim, as much as possible, to preserve the lifestyle both parties enjoyed during the marriage.
- Length of the marriage – Longer marriages often weigh in favor of more extended support.
- The age and health of each spouse – Chronic health conditions, disabilities, or aging can limit earning capacity.
- Contributions to the marriage – Both financial and non-financial contributions are considered.
- Distribution of marital property – Property division can affect the need for ongoing support.
- Fault or misconduct – Marital fault may influence support decisions, including barring adultery-related claims unless denying support would be manifestly unjust.
These factors give judges broad discretion when making support decisions. No two divorces are identical, and the weight given to each element can vary significantly depending on the couple’s history and finances.
Long-Term vs. Rehabilitative Support: A Shifting Balance
For decades, long marriages—especially those where one spouse was a full-time homemaker—often resulted in indefinite support. However, modern courts increasingly favor rehabilitative support designed to help a spouse acquire skills or education necessary to re-enter the workforce.
Rehabilitative support is typically set for a defined period, with the expectation that the recipient spouse will make meaningful progress toward financial independence. Courts can modify the order if circumstances change.
Still, long-term support remains appropriate when self-sufficiency is unrealistic due to age, health issues, or a long marriage involving significant career sacrifice.
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How Recent Virginia Case Law Is Influencing Outcomes
“Case law” refers to written decisions issued by Virginia’s appellate courts. These opinions interpret statutes and guide how judges apply them in real divorce disputes.
Recent decisions show clear trends:
- Emphasis on self-sufficiency – Courts stress that support isn’t intended to provide lifetime income when the recipient can realistically earn a living.
- Closer scrutiny of long marriages – Even lengthy marriages are evaluated for genuine ability to work.
- Considering retirement and life changes – Significant drops in earnings can justify modifying or ending support.
- Accountability in rehabilitative plans – Courts expect good-faith progress toward independence.
Understanding these trends helps both parties set realistic expectations and craft effective legal strategies.
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Steps to Take if Spousal Support May Affect You
Whether you expect to receive support or anticipate paying it, preparation is essential.
- Gather financial records such as tax returns, pay stubs, and expense receipts.
- Draft a realistic post-divorce budget.
- Document your financial and non-financial contributions to the marriage.
- Preserve evidence of marital misconduct if relevant.
- Collect proof of earning capacity and factors that could limit it.
- Consider a vocational evaluation when future earning capacity is uncertain.
- Obtain medical documentation if health issues affect employability.
- Anticipate major life changes that affect income or needs.
- Avoid large financial moves that may undermine credibility.
- Show initiative by creating a plan for self-sufficiency.
- Consider negotiating a settlement to maintain control over the outcome.
Thorough preparation strengthens your case and improves the chances of a productive settlement.
Getting Skilled Legal Advice
Spousal support orders can reshape both parties’ finances for years. An experienced Virginia family lawyer can help you understand the statutory factors, preserve relevant evidence, and present your case effectively.
At Melone Hatley, P.C., our Virginia Beach family law attorneys stay up to date with evolving case law and understand how judges balance long-term and rehabilitative support. Call (757) 296-0580 or schedule a free consultation with a Client Services Coordinator today.
Schedule a call with one of our client services coordinators today.
