Fairfax Spousal Support Attorneys

Assisting Clients With Spousal Support Matters in Virginia

In Virginia, court orders for spousal support (also referred to in some states as “alimony”) are typically based on the court’s consideration of certain statutory factors — most importantly, the needs of one party and the ability of the other to pay. You and your spouse can resolve a spousal support issue outside of court by mutual written agreement, or the court can determine the issue for you.

To speak with our experienced Fairfax spousal support lawyers, call us at (703) 454-5448 or contact us online today. 

How We Can Help With Your Spousal Support Case in Virginia

• Evaluating your unique circumstances so we can advise you on whether an agreement or a court order is likely to result in a more favorable outcome regarding support or alimony.
• Guiding you through Virginia’s statutory factors so you understand what courts consider when determining spousal support.
• Negotiating mutually-agreeable solutions, when possible, to save you time and costs, while still prioritizing your interests.
• Representing you in proceedings if a mutual arrangement cannot be reached, ensuring your case is strongly supported with relevant documents and arguments.
• Helping you comply with local court requirements in Fairfax County, where familiarity with local legal procedures often strengthens your position.

Navigating Appeals in Spousal Support Cases in Fairfax

Appealing a spousal support decision involves more than simply disagreeing with the outcome; it requires demonstrating that the court made a legal error or misapplied Virginia family law. Working with an alimony lawyer in Fairfax who understands appellate procedure is crucial for preserving your rights and meeting strict filing deadlines. The appeal process is initiated at the Virginia Court of Appeals, where the reviewing judges will carefully examine legal arguments and the trial record. Timely action and the submission of well-prepared briefs are essential for any party considering an appeal, as missing a deadline can forfeit your right to a review of the case. 

Key factors to keep in mind if considering a spousal support appeal in Virginia:

• Strict deadlines apply for filing a Notice of Appeal, often within 30 days of the final order from the Fairfax County Circuit Court.
• The appeals court will review only the existing record and any legal arguments presented, not newly discovered evidence or changed circumstances.
• Legal counsel familiar with Fairfax and Virginia appellate practice can help present strong legal arguments and guide you through each procedural step.

What Happens When Your Spousal Support Case Goes to Trial?

If your spousal support case goes to trial, a judge must consider more than a dozen factors, including the obligations, needs, and financial resources of each spouse; the length of the marriage; the contributions each spouse has made to the marriage and well-being of the family; the factors which lead to the breakdown of the marriage; and, often most importantly, the decisions made by the couple regarding employment, career, and parenting arrangements, and their effect on present and future earning potential. This includes the length of time a spouse has been absent from the job market. If there is no evidence of adultery (a potential bar in Virginia to any award of spousal support) by the spouse seeking support, the court has a reasonable degree of discretion in making the award. The court can order that the spousal support payments be made for a fixed or indefinite period of time.

Changes to the Federal Tax Code & Spousal Support Payments

There have been several recent changes in the federal tax code which affect spousal support, making it imperative to consult with an experienced attorney who can discuss the implications of these new laws. The major change is this: In the past, spousal support payments were, for federal income tax purposes, deductible by the paying party, and income to the recipient. Effective January 1, 2019, for all new court orders issued after that date and for all marital settlement agreements effective after that date, spousal support payments are no longer deductible by the payor or income to the recipient. This significant change in federal tax law means that prior assumptions regarding the after-tax cost of support have changed.

Modifying Spousal Support Orders

Our law office also handles cases involving the modification of spousal support. In Virginia, a party paying spousal support may be able to seek a modification of their obligation, and in order to do so, they must first establish that there has been a material change in their financial circumstances, or in the financial circumstances of their former spouse, which justifies a modification of support. The court may, but is not required to, consider the spousal support factors in deciding whether or not to grant the petition to modify. All spousal support awards determined by the court are eligible for modification.

Terminating Spousal Support

Spousal support may be for an indefinite or definite period of time. When support is for a defined period, it will end once a certain event occurs. It is rare, but not unheard of, for the parties to agree on a lump sum award of spousal support, or for the court to order this following a trial. Spousal support typically terminates upon the death of either party or the remarriage of the support recipient. The court may terminate support due to the cohabitation of the party receiving support, for a period of one year or more, in a relationship analogous to a marriage. This is a very technical area of the law and requires consultation with an experienced attorney.

To speak with our experienced Fairfax spousal support lawyers, call us at (703) 454-5448 or contact us online today. 

Frequently Asked Questions About Spousal Support in Fairfax

What Is the Difference Between Temporary and Permanent Spousal Support?

Temporary spousal support, often referred to as pendente lite, is designed to provide financial assistance during the separation period before the divorce is finalized. This type of support helps the lower-earning spouse maintain their standard of living while divorce proceedings are ongoing. On the other hand, permanent spousal support is awarded after a divorce is finalized and may be set for a defined period or indefinitely, depending on the specifics of the case.

How Do Courts Determine the Amount of Spousal Support?

In determining spousal support amounts, courts in Fairfax consider a comprehensive set of factors. These include the length of the marriage, the monetary and non-monetary contributions of each party, and the financial needs and resources of both spouses. The ultimate aim is to ensure that any financial imbalance resulting from the separation is fairly addressed.

Can Spousal Support Be Modified?

Yes, spousal support orders in Fairfax can be modified after they are initially established. To seek a modification, the party requesting the change must demonstrate that a substantial change in financial circumstances has occurred since the original order was issued. This change could be due to various factors, such as a significant increase or decrease in either party's income, changes in expenses, or other unforeseen financial developments.

The modification process involves presenting supporting documentation and may require revisiting the same factors considered during the original spousal support determination. Consulting a lawyer familiar with modification procedures in Fairfax is crucial, as they can ensure that all the necessary criteria are met and properly presented to the court.

Can Spousal Support End If the Recipient Begins Living With a New Partner?

Addressing this issue legally involves proving the nature and duration of the cohabitation, which can be complex. Therefore, having an attorney guide you through this process is essential to effectively manage potential claims for modification or termination based on these grounds. The court might require proof beyond doubt, which can be a detailed and intricate process, highlighting the need for skilled legal counsel in such cases.

What Are the Tax Implications of Receiving Spousal Support?

As of the changes in the federal tax law effective from January 1, 2019, spousal support payments are no longer considered deductible by the payer nor taxable income to the recipient for new orders and agreements. This significant shift means that both parties need to reassess their financial planning and understand new net effect calculations, which could influence agreed amounts and their long-term implications.

How Can Wexell Milman Assist with Your Spousal Support Needs?

Navigating spousal support complexities can be overwhelming, but at Wexell Milman, our experienced legal team is dedicated to providing comprehensive assistance tailored to your individual needs. From the initial consultation through every stage of negotiation or court proceedings, we offer strategic advice and skilled representation aimed at achieving fair, suitable outcomes aligned with your circumstances.

Why Choose Wexell Milman

At Wexell Milman, our emphasis is on divorce and other family law issues. We have a wealth of experience in handling the issue of spousal support, both in pursuing and defending claims for support and the modification of support. The lawyers at Wexell Milman achieve negotiated or mediated results in many divorce cases but are equally comfortable litigating these matters in court. Our attorneys represent clients in both pendente lite (temporary) and final support hearings, whether you are the party seeking spousal support or defending a spousal support claim.

To speak with our experienced Fairfax spousal support lawyers, call us at (703) 454-5448 or contact us online today.