Spousal support (alimony) becomes a critical topic when a marriage concludes. It involves a financial obligation from one spouse to another to help maintain the standard of living they were accustomed to during the marriage. Whether you're potentially on the giving or receiving end, navigating spousal support can be a source of significant financial anxiety and uncertainty about the future.
At Select Law Partners PLLC, our compassionate family law attorneys in Fairfax, VA, are here to offer you expert guidance through the complexities of divorce and spousal support. We understand your challenges and are committed to helping you secure a stable and positive future. Contact us as you take the initial steps toward a new beginning – call (855) 541-4867 today.
Select Law Partners is the most trusted spousal support firm in Fairfax
Experiencing a divorce is stressful; choosing an attorney you trust should never complicate a situation. When you decide to work with Select Law Partners PLLC, you can expect:
- An open, honest relationship in which we serve each client with integrity
- A collaborative effort to strive toward success for each client
- Guidance from start to finish
- Communication so you know the next step and what to expect
- Experience in challenging Fairfax legal issues impacting your life
We are committed to assisting Fairfax residents during some of their most challenging circumstances. Our past clients' testimonials share more about our professional service.
Our Fairfax spousal support lawyers are here for you every step of the way
Disagreements over spousal support are common, often resulting in the divorce process becoming contentious. Having the resources you need to handle a messy divorce and protecting your finances are priorities. A Fairfax spousal support attorney can help with the following:
- Providing a thorough assessment of your situation
- Crafting unique solutions to your family's needs
- Assisting with mediation and conflict resolution to approach divorce with dignity
- Gathering information to assist with determining whether spousal support is necessary and how long it should last
- Offering legal guidance for modifying spousal support in Fairfax
A Fairfax spousal support lawyer will look after your well-being to create more optimal outcomes and decisions focused on the future. Let a Fairfax spousal support lawyer at Select Law Partners PLLC help you navigate the emotional decisions of divorce.
We get results for people going through a divorce
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“I really appreciated the expertise and guidance of Sarah Goding during my divorce. Her experience with the process made me feel comfortable with each step along the way. She was responsive to my questions and concerns and in retrospect I don't believe I could have chosen a better attorney to represent me.”
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Outstanding and professional team! Sarah Goding and Ashley Warren led the way during the entire divorce process and ensured that I stayed engaged with the status of everything going on. They professionally navigated the highly contested proceedings and dealt professionally with my ex-partner's accusations, demands, and antics for over 12 months. Despite geographic separation between myself and the legal team due to military service, they made it happen and I am incredibly grateful for their support and expertise. In the end, they secured joint custody, reasonable support obligations, and protected my military retirement benefits. I will absolutely use this firm again in the future should I need any additional family law support.
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Select Law Partners is experienced in both types of Virginia alimony
Understanding the types of spousal support available can help you prepare for what to expect when negotiating or litigating your divorce. Here's a closer look at the types of spousal support that may be awarded in Fairfax.
Rehabilitative spousal support
Rehabilitative spousal support is intended to be short-term and is awarded to a spouse who needs time and resources to become self-sufficient. This type of support is common when one spouse may have foregone career advancement or education during the marriage to support the household or care for children.
The duration of rehabilitative spousal support is often linked to specific goals, such as completing an education program or reentry into the workforce. It's typically set for a predefined period.
Permanent spousal support
Permanent spousal support may be awarded in cases where the marriage was long-lasting, and one spouse cannot achieve a standard of living similar to that enjoyed during the marriage due to age, disability, or significant income disparity.
Unlike rehabilitative support, permanent spousal support continues indefinitely until a significant event, such as the remarriage or cohabitation of the receiving spouse, the death of either spouse or a substantial change in circumstances, justifies modification or termination of the support.
Our spousal support attorneys will make sure all factors are considered
Judges consider many factors and circumstances when awarding court-ordered spousal support. Under Virginia law, these factors influence the amount and eligibility for spousal support:
- All financial resources of each spouse, their obligations, and needs
- The marital standard of living
- How long a marriage lasted
- The age of each spouse as well as their conditions physically and mentally, in addition to exceptional familial circumstances
- The age and needs of children in the family and whether a parent can appropriately seek outside employment based on these needs
- Each partner's contributions to the family, both monetary and nonmonetary
- Property interests of both parties
- Any provisions established regarding marital property
- Each partner's ability to earn a living based on education, training, and skills
While your Fairfax spousal support lawyer cannot guarantee any outcome for spousal support, we will provide sound representation to support the best resolution possible. We are also experienced in managing concerns in military and federal employee divorces.
What about retirement benefits?
Spouses will be required to divide their marital assets, which includes retirement savings. The division of retirement savings accounts may occur after a spouse has retired to allow funds to continue growing and prevent early withdrawal penalties. Retirement savings payments are part of the division of assets when they are determined to be marital property and remain separate from spousal support.
The non-enrolled spouse may be entitled to as much as 50% of the enrolled spouse's retirement savings, although this is not required under the law. These payments, like spousal support, may be paid incrementally, resembling spousal support payments. Paying a lump sum may also be an option.
Fairfax spousal support lawyers help determine the best payment option for you
Spousal support payments are based on the type of support awarded. According to Virginia Code (§20-107.1.C), support should be made in defined or undefined periodic payments based on the type of support awarded. The court may also award a predetermined lump sum, which may be paid all at once or in periodic payments.
Is your ex refusing to pay? Select Law Partners is prepared to enforce the spousal support order
Our spousal support attorneys in Fairfax can help you implement multiple methods of enforcing a spousal support order when a spouse refuses to pay. Select Law Partners PLLC recognizes the critical nature of financial support. One role of a Fairfax County spousal support attorney is to file the appropriate paperwork and go back to court when court-ordered spousal support is not being paid.
The family court judge will expect answers about why a former spouse is not paying court-ordered support. They may hold a spouse in contempt of court when no reasonable explanation exists for nonpayment. The non-paying spouse may also be liable for fines and attorney's fees. Jail time is possible until spousal support is up to date.
The court may order wage garnishment to collect owed spousal support. Your Fairfax spousal support lawyer can file the garnishment order, which may affect the spouse's tax returns and other earnings. The order usually includes a percentage withdrawal from their income to compensate for the missing support payments.
You may need to place a lien against the non-paying spouse's property in more egregious cases. Placing a lien forces them to pay any outstanding spousal support debt from the sales profit before any money goes to them personally. A lien on a property can remain in place over decades.
Work with the leading spousal support firm in Fairfax
Plan for your future after divorce by consulting with a Fairfax spousal support lawyer. Select Law Partners PLLC will guide you through the most critical decisions impacting your life. Contact us online or at (855) 541-4867 to schedule a consultation.
We answer common questions about spousal support in Fairfax
What if I need spousal support during the divorce process?
Divorces pending and not yet finalized by the courts may necessitate a spouse receiving temporary support to provide for living resources until the marriage ends legally. Spouses may be eligible for pendente lite spousal support until the final support order is given. Having children in common may also impact the award of this temporary support.
Will spousal support be awarded if child support is part of a divorce decree?
The courts base a determination of child support on defined guidelines determined under Virginia Code. While the amount of spousal support is more fluid, child support is not. Child support is a separate amount from spousal support.
Child support payments are meant to provide for a child's needs, health, education, and well-being. This money ensures a child's standard of living remains the same despite a family's changing dynamics. A Fairfax spousal support lawyer can also assist with matters of child support and custody.
Is negotiating spousal support or having court-ordered support better?
Collaborative divorces, in which couples negotiate the terms of their divorce, allow partners to have more say in the final outcome of the divorce process. Each partner must trust the other's willingness to abide by the agreement. The courts do not intervene.
Mediation methods of divorce also prevent a couple from going to court in a divorce. A Fairfax spousal support lawyer representing your interests is vital in either situation. However, court-ordered support may be more beneficial when one partner suspects the other will not abide by collaborative agreements or may not pay the agreed spousal support amount.
Discuss all the divorce options available when working with a Fairfax spousal support attorney at Select Law Partners PLLC. How you approach a divorce will significantly impact its outcome, including receiving spousal support payments.
Helpful information about spousal support in Fairfax
Our office
Visit our main office in-person at:
4085 Chain Bridge Road, Suite 300
Fairfax, VA
Virginia laws regarding spousal support
- § 16.1-278.15 – Custody or visitation, child or spousal support generally
- § 16.1-278.16 – Failure to comply with support obligation; payroll deduction; commitment
- § 16.1-278.17:1 – Formula for determination of pendente lite spousal support
Local court services
- Fairfax County Juvenile and Domestic Relations District Court – Spousal Support