Virginia Courts have the authority (Virginia Code Section 20-107.1) as part of a divorce to order a either the Husband or the Wife to pay the other spouse spousal support. These spousal support awards were, in the past, called alimony.
The spousal support award may be periodic (every month for example) or lump sum (a defined amount payable in one or more installments).
Our Courts in Virginia are given wide discretion by the legislature in setting the amount and duration of spousal support. Whether spousal support will be ordered and if so, how much depends on a number of factors including but not limited to the relative incomes of the parties.
It is important to have experienced legal representation in order to protect your rights during this phase of the case.
Richard H. Boatwright, Esquire of The Manassas Law Group PC has extensive experience in negotiating and trying complex spousal support cases.
Often the determination of spousal support can involve financial complexities such as whether a spouse will have income imputed to him or her based on being found to be unemployed or underemployed. Sometimes it is necessary to engage vocational rehabilitation experts to testify on these issues.
In some cases one of the spouses is self employed and a determination of his or her income can be more difficult. In these cases it may be necessary to engage a forensic accountant to assist the presentation of the case.
In some cases it is important to present to the Court expert testimony such as that of a CPA to educate the Court as to the tax impact of paying or receiving spousal support. Richard H. Boatwright, Esquire has, over the years, nurtured relationships with the financial experts who may be needed to effectively present your case.
Please call our firm at 703-361-8246 to schedule a confidential consultation.