Spousal Support

Question 1

Courts can award spousal support payments during the pendency of litigation, which is called a….

Answer 1

pendente lite award.

Question 2

Generally, alimony is based on…

Answer 2

need rather than fault.

Question 3

What type of divorce is alimony available in in Virginia?

Answer 3

BOTH

The court can even deny a divorce, but enter a judgment for support.

Question 4

Virginia courts are required to consider [among others] the following factors in determining alimony awards…

Answer 4

1. Age, physical, & mental conditions of parties;
2. Education and training of parties;
3. Earning capacity, obligations and financial needs of paties;
4. Contributions each party made to the family;
5. The property interests of the parties;
6. The provisions of the marital property;
7. The tax consequences of each party;
8. The standard of living established during marraige;
9. The duration of the marraige.

Question 5

In Virginia, adultery is an absolute bar to alimony unless….

Answer 5

denial would result in a manifest injustice.

Question 6

Alimony can be modified upon a showing of….

Answer 6

a material change in circumstances of the parties.

Question 7

Is retirement age or retirement a change in circumstances in Virginia?

Answer 7

Yes

Question 8

Can past due awards be modified?

Answer 8

NO

Question 9

If a payor voluntarily reduces their income, is this a bona fide change in circumstances?

Answer 9

NO

Question 10

If a party fails to request spousal support at the time of bilateral divorce….

Answer 10

they may be barred from ever doing so.

Question 11

Spousal Support is terminated upon:

Answer 11

1. The death of either spouse;
2. The remarraige of the spouse recieving support; or
3. The presentment of clear and convincing evidence that the spouse receiving support has been cohabitating in a relationship analogous to marraige for more than one year.