Divorce Guide

Divorce Guide

Virginia Divorce Alimony

Unlike child support laws, the laws related to Virginia divorce alimony are quite simple and easy to comprehend. The divorce alimony or spousal support is awarded in order to reduce the disparity between the two spouses in the post divorce period. Since child custody is a matter of consideration while awarding Virginia divorce alimony, the court uses different ways of calculating the alimony depending on the granting of child custody and the amount of child support.

The Virginia Divorce Alimony Calculation

If the child custody is not included in the divorce process, the sum of alimony is determined by subtracting 50% of the gross income of the payee spouse from 30% of the gross income of the payer spouse.

If the payer spouse is running his or her own business or a self employed individual, the ‘reasonable business expense’ is deducted from the gross income. Whereas, the non-taxable benefits like BAQ, VHA and other subsistence payments received by military men paying the alimony are included in his or her gross income.

The formula used for calculating alimony when child support is involved is 28% of the higher earning individual less the 58% of the lower earning spouse.

The alimony is not awarded unless the gross income of the higher earning individual is 50% more than that of the income generated by the other spouse.

Marital Fault in Alimony

The marital fault is taken into account when the alimony seeking spouse has been convicted of committing marital misconduct. But the court of Virginia does not consider the act of desertion or cruelty while rewarding the sum of alimony but if the court finds that the payee spouse has committed adultery, he or she is most likely to be denied of the spousal support ordered by the court.

The Factors for determining Virginia Divorce Alimony
  • The employability of the payee spouse
  • The degree of need and the availability of resources of both the spouses
  • The length of marital life
  • The age, physical and mental conditions of the spouses, especially the financially dependant spouse
  • The contributions made by each of the spouses for the benefit of the other and the family during the marriage life
  • The ownership of property assets both tangible and intangible types
  • The tax consequences after the payment of the alimony
If you are interested to know the details of the determinants of Virginia alimony, you may go through the Vermont Statutes of Title 15 in Section 752 and 757. You may also take the help of a lawyer to understand the intricacies of the alimony laws of Virginia.

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