Though the laws vary (sometimes dramatically!) from state-to-state, the law in Virginia is that spousal support terminates in three specific circumstances: (1) the death of either party, (2) the remarriage of the recipient party, and (3) the continued cohabitation of the recipient party in a relationship analogous to marriage for a period of one year...
Death, Remarriage, Cohabitation: Termination of VA Spousal Support
In virtually every case I’ve seen, spousal support is a specific amount of money paid each month from the higher earning spouse to the lower earning spouse. In virtually every case I’ve seen, the higher earning spouse hates this. Like, really, really hates this. In virtually every case I’ve seen, he (it’s usually a he)...
A lot of people have questions about legal separation, what it means, and when it actually begins. Oh, and also – why does it even matter? Being separated is important, because for most grounds for divorce (except for adultery, which technically qualifies you for an ‘immediate divorce’ – but don’t get excited, it won’t...
Spousal support cases are some of the trickiest. Even though the law has changed recently to allow Fairfax guidelines to be applied in temporary support cases, permanent support cases are a little more tricky. The law also changed in terms of the taxability and deductibility of awards of spousal support; under the current laws, spousal...
Cohabitation is a key component of legal separation in Virginia. For a lot of reasons – chief among them being the fact that separation is a sort of loosey goosey concept here in Virginia – we get lots of questions about separation. When are you separated? Am I separated? Do we have to sign something to...
It’s hard to explain to family and friends that your marriage is over. Probably, even though they may have seen some of the less attractive sides of your relationship, you’ve still gone above and beyond NOT to let them see him in a terrible light. Probably, in many ways, they’ve accepted him as one of...
Spousal support is a bit of a bear. It’s not all that predictable – whether we’re talking about how much spousal support you might expect to receive, or how long you’ll receive it. Whether your spousal support will end is often another one of those gray areas, and it can be difficult to tell –...
Okay, so, the headline of this article, “Common Law Marriage in Virginia” is a little misleading, and I’ll tell you why. There is NO common law marriage in Virginia. Common law marriage is a thing, at least in some states, but it isn’t in Virginia. The theory there, which I assume you already know, is...