If you are a husband filing for divorce and need support from your spouse to pay for your basic monthly needs, you need to understand when you are eligible for alimony and the factors the judge will consider if they agree to award you spousal support. You should also retain an experienced family law attorney to file your divorce and protect your rights.
When Is a Spouse Eligible for Spousal Support?
In Virginia, a husband or wife can be eligible for alimony if they can show they have a financial need for it and that their spouse can provide financial support to them. However, they would be ineligible for spousal support if they committed adultery.
Spouses may be awarded temporary alimony during the divorce. When the divorce is finalized, they could be awarded rehabilitative or permanent alimony. Temporary alimony is often awarded if a husband or wife left their job to take care of their family. A husband or wife would only be entitled to permanent alimony if they can show that they cannot obtain employment due to their age, disability, or long-term absence from the job market.
What Factors Are Considered in Awarding Alimony in Virginia?
The judge will consider many factors in deciding whether to grant a request for spousal support, how long the alimony should be paid, and the payment amount. Factors considered include the following:
- The financial needs, obligations, and financial resources of both spouses
- Length of the marriage
- Standard of living the spouses maintained while they were married
- The health, age, and mental condition of both spouses and any special circumstances they or children of the marriage face
- Financial and nonmonetary contributions of both partners during the marriage
- Husband’s and wife’s financial assets
- Opportunity and ability of the spouse requesting alimony to receive training or education to increase their ability to support themselves and their current employability
Are you a husband planning to file for divorce? Do you have questions about your right to spousal support in Virginia? Our compassionate family law attorneys can answer your questions and will fight for your rights in your divorce. Call our Norfolk office at 757-625-1214 or complete our convenient online form to schedule your consultation today.