Roanoke Alimony And Spousal Maintenance Lawyer

Divorce can come with overwhelming distress and uncertainty – even more so if it has the potential to affect your financial stability and future. Is the alimony offered by your ex-spouse fair? Is it possible to negotiate for better terms? What do you do if your ex-spouse refuses?

These are challenging questions. However, it’s important to know that you don’t have to figure these out on your own. At Lutins & Pilgreen, PC, we help clients find clear answers to these uncertainties. Our lead attorney, J. Emmette Pilgreen, has been helping people in the Roanoke area for over 20 years. Known for his strategic counsel and strong advocacy, Emmette is committed to making sure you feel supported and informed every step of the way.

Whether you’re seeking spousal support to help you move forward or you’re concerned about what you might have to pay, we’re here to listen to your story and fight smart on your behalf.

What Is Spousal Maintenance?

Spousal maintenance is a type of financial support usually reserved for spouses at the end of long-term marriages or marriages with financial inequality. A common scenario involves a divorcing, middle-aged couple in which the woman is left at a financial disadvantage because she stayed home and raised children without education or compensation while her husband worked at a paying job. (When a woman receives financial compensation, it is commonly called alimony, although this term is no longer used by the Virginia legal system).

In such scenarios, the Virginia divorce court can order the husband to pay the wife monthly payments temporarily during the divorce process, permanently afterward, or for a limited purpose such as funding education or job training. Spousal support may also be agreed upon as part of any divorce settlement.

Despite the previous example, spousal maintenance is not just for women. Men may also receive spousal maintenance, for instance, if the wife has been the breadwinner or the husband was a stay-at-home dad.

How Is Spousal Support Calculated In Virginia?

The state follows a specific formula when calculating temporary spousal support during divorce proceedings. This formula is based on the gross monthly income of both the paying and receiving spouses.

• If there are minor children, the spousal support amount will be 26% of the payer’s income, subtracted by 58% of the payee’s income.
• If there are no minor children, the formula adjusts to 27% of the payer’s income minus 50% of the payee’s income.

For example, let’s say the payer earns $5,000 each month, and the payee earns $2,000. They have minor children. In this case, you calculate the spousal support by taking $1,300, which is 26% of the payer’s income, and subtracting $1,160, which is 58% of the payee’s income. This results in a monthly spousal support amount of $140.

However, take note that the court will also consider factors such as current financial conditions or tax implications. They may adjust this amount if circumstances show that a different figure is more appropriate. Our attorney can help you understand how these calculations apply to your situation and advocate for a fair outcome.

What Factors Are Used To Determine Alimony?

Virginia courts look at several factors when deciding on alimony. This includes:

• Standard of living during the marriage: The court examines how the parties lived during their marriage. This helps decide if the party requesting alimony can maintain a similar lifestyle after the divorce.
• Duration of the marriage: How long the marriage lasted is important. Longer marriages might lead to more support or support for a longer time.
• Age and health of the parties: The court considers the ages and health of both parties. If one of them is older or has health issues, they may need more support.
• Needs and financial resources of the parties: Courts will assess each party’s financial situation, including income and debts. This helps determine who needs support and who can pay for it.
• Special circumstances of the family: Unique family situations, like one party needing to stay home to raise children, might lead the court to award spousal support. This is to ensure that they can maintain a reasonable standard of living after the divorce.

Virginia’s laws aim to balance the financial needs of the spouse asking for support with the ability of the other spouse to pay. Judges have flexibility in making these decisions and can consider various aspects, including any fault in the marriage breakdown. At Lutins & Pilgreen, PC, we will guide you on how these factors might affect your case.

Modification Or Termination Of Spousal Support

Courts can modify or even terminate spousal support orders if certain situations come up. This includes:

• Material change in circumstances: Either party can ask the court to change the support amount if there are significant changes in their lives that they did not anticipate at the time of the original agreement. This might include a substantial change in income, employment status or financial needs.
• Remarriage, cohabitation or death: Support usually ends if the party receiving it gets remarried or if either party dies. If the receiving party lives with someone in a marriage-like relationship for more than a year, support may also stop unless there is an agreement that says otherwise.
• Retirement of the paying spouse: Courts may consider the payer’s retirement as a material change in circumstances. However, they will still look at whether the payer anticipated or planned this retirement and how it affects both parties’ finances.

The court considers various factors when deciding on changes, such as the health and age of both spouses, how long the payer has been paying alimony, and any changes in income or assets. Judges also look at any existing agreements that might affect the spousal support order. At Lutins & Pilgreen, PC, our main priority is to secure your best interests. We will work to ensure any adjustments to your spousal support are fair.

Lutins & Pilgreen, PC: Measured But Relentless

Alimony is often a contentious issue in divorce. Many people are just as driven by their emotional needs as their financial well-being. At Lutins & Pilgreen, PC, we have developed creative solutions to put our clients in the best possible position to negotiate and litigate matters of spousal support.

In some cases, an individual may choose to forfeit alimony in exchange for a certain asset in the property division. A lump sum may provide an alternative to long-term payments. Whatever your situation, attorney J. Emmette Pilgreen will take care to understand your unique goals before recommending strategies to achieve them. By reacting promptly but thoughtfully to family law disputes, our firm has helped hundreds of clients succeed in spousal support determinations.

Call For A Consultation

Whether you were the primary breadwinner in your marriage or you put your career on hold for your family, you deserve strong representation from a lawyer you can trust. To arrange an initial consultation at our office in Roanoke, Virginia, please contact us at 540-627-5150.