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
When a marriage starts to fall apart, it’s definitely not the most comfortable experience – especially if you and your soon-to-be ex are still living under the same roof. In most family law cases, the facts really, really matter, so its hard to make generalized, one-size-fits-all type statements. If you’re living in the same home,...
We talked the other day about how dating might impact an award of spousal support. I had originally intended to write about both child and spousal support in the same article, but it just ended up being too complicated, so I split into the two articles. You can check out the spousal support article here....
They say that marriages fall apart in increments of 7 – 7 years, 14 years, 21 years, and so on. It’s where the whole “Seven Year Itch” thing came from. In a lot of ways, I see it. Even though the first year of marriage is sometimes tumultuous, people tend to settle into a groove...
In the law, we like to use terms that other people don’t understand. “Manifest injustice,” “best interests of the child,” “continued cohabitation in a relationship analogous to marriage,” “material change of circumstances,” on and on, ad nauseum. Oh, right – and the Latin! Pendente lite, habeas corpus, pro bono, a mensa et thoro, ad litem,...
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...
It happens, probably more frequently than you’d realize. And, though it sounds a little scandalous on its face, in my experience, that’s almost never the case. In most of the cases that I’ve seen where a wife gets pregnant with a baby that is not her husband’s, it’s after a period of long estrangement where...
On Monday we talked about spousal support, including how it’s calculated, and what factors affect whether it’ll be awarded. Today, we’re going to go into even more detail, discussing adultery and it’s impact on spousal support, imputation of income, voluntary underemployment, modifiability, and tax consequences associated with support. For more information on these topics, let’s...