Spousal Support Lawyer Virginia
Spousal Support Lawyer
If you and/or your spouse opt to file for divorce, figuring out how to divide your assets fairly will be a big part of the legal side of your divorce process. Dividing joint property is almost never an easy or straightforward task. As a result, it is important to speak with an experienced spousal support lawyer Virginia families trust, from May Law, LLP as early on in the divorce process as possible. By being as proactive as you can, you’ll place yourself in the best possible position to make informed decisions about your assets for the duration of your divorce process and dividing your marital property during that process.
Asset Division Basics
Virginia is an equitable distribution state for the purposes of asset division during divorce. This legal standard plays out in one very important way. Some states in the U.S. are equal distribution states. In these states, the total value of a couple’s marital property must be divided evenly. This means that each spouse must be awarded assets that add up to 50 percent of the value of that couple’s marital property. While this is certainly the most straightforward way to manage the distribution of a couple’s assets, it isn’t always a fair or practical approach.
As a Virginia spousal support lawyer from our firm can explain in greater detail, Virginia’s identity as an equitable distribution state allows for a more flexible approach to dividing assets during divorce. Essentially, in an equitable distribution state, the total value of a couple’s marital property doesn’t have to be divided 50-50 as long as the ultimate asset division agreement is “fair.” This standard allows special circumstances to be taken into account. It will also allow you and your spouse to reach an agreement on the asset division terms that are fair but don’t necessarily add up to a 50-50 split in value of all the property in question.
Is Opting for Spousal Support a Good Idea?
When you meet with a knowledgeable Virginia spousal support lawyer at May Law, LLP, you can discuss your hopes, needs, and priorities for your asset division process. You may have a strong sense of how you’d like to divide your marital property or you may be open to suggestions. Depending upon your needs and priorities, it may be to your advantage or disadvantage to consider spousal support as part of your asset division agreement.
Spousal support, traditionally referred to as alimony, consists of payments made from one spouse to the other. Some spouses like to own valuable marital assets and to make payments to their former spouse over time to make up for the imbalance in the initial asset division agreement. Other individuals would rather chew sand than make or receive alimony payments. Our firm can discuss the potential benefits and drawbacks of spousal support with you in detail.
Common Alimony Myths
If you are trying to get your ex-spouse to pay alimony, it is important to consult a spousal support lawyer in Virginia promptly. Alimony is a frequently misunderstood concept among many people. Here are some common myths about alimony that you should not believe.
- The terms of alimony are permanent. This is not true. The terms of the order can actually be modified under certain circumstances. For instance, if the person paying the support loses a job, a judge may lower his or her payments. On the other hand, if the paying person gets a higher paying job and the recipient needs go up, a judge may increase the payments.
- Alimony will last forever. Some people go in with the false assumption that they will receive alimony payments forever. The truth is that alimony was never designed to be permanent. Its purpose is to help a person get back on their feet financially after a divorce is finalized. If the person receiving the support gets a job or marries someone else, the alimony payments will come to an end.
- Alimony must always be paid by the person who makes more money. This is another common myth people believe about alimony. In reality, just because a person earns a higher salary, does not mean he or she is automatically ordered to pay the other person alimony. For instance, if you were married for less than a year, the judge may not grant you alimony.
- You can’t qualify for alimony if you filed for divorce first. There are many factors the court will look at before deciding to award alimony or not. However, as a spousal support lawyer in Virginia can attest, filing first is not one of these factors. Even if you request the divorce, it may still be possible to obtain alimony.
- Only women get alimony. While this might have been true back in the day, it is not the case today. Judges no longer automatically award alimony to women. If the woman, for example, was the breadwinner in the marriage the man stayed home and took care of the kids, the man may likely get awarded alimony.
- Alimony is always paid monthly. Although alimony can be paid monthly, it could also be paid in a single lump sum.
Schedule a consultation at May Law, LLP with a spousal support lawyer in Virginia today to learn about your options.