What Kind of Spousal Support Awards Are There?
Known by some as “alimony” or “maintenance”, spousal support is often awarded upon divorce, particularly in cases of divorce where the parties have been married for a meaningful amount of time and there is a wage gap between the parties.
The three basic types of spousal support are periodic payments for an undefined duration, periodic payments for a defined duration, and a lump sum award.
- Periodic payment for an undefined duration is a specific sum that a party pays at certain intervals, that doesn’t typically end unless 1) one of the parties dies, 2) the payee remarries or cohabitates in a marriage-like relationship for more than one year, or 3) further order of the court.
- Periodic payments for a defined duration are payments at certain intervals, for a certain amount, that end on a definite date.
- Lump sum support is an award of a lump sum that can be ordered payable at once or over installments, but in which the total amount is set.
Who Is Awarded Spousal Support?
The existence of a wage gap is not strictly determinative of whether spousal support is to be paid. The court must establish whether a party is entitled to support by looking at a list of statutory factors surrounding the marriage and the divorce. A finding of adultery, for example, can preclude a party from receiving spousal support. However, the court may award spousal support in such a situation if it determines that a denial of support and maintenance would constitute a manifest injustice based on the respective degrees of fault during the marriage and relative economic circumstances of the parties. It is important to remember is that spousal support is not punitive, and will not be awarded merely to punish one of the parties for wrongdoing.
There are additional factors the court might consider, such as the duration of the marriage, contributions to the family, standard of living established during the marriage and the earning capacity of the parties. You can find the factors listed in § 20.1-107.1 of the Virginia Code.
How Much Spousal Support Will Be Paid?
While there is no set “formula” for determining long-term / post-marital support, some jurisdictions in Virginia, including Fairfax County, have established guidelines for calculating temporary support.
Temporary or pendente lite support is only paid while the divorce is pending. An award of temporary support is not intended to create the presumption of a final award, but can sometimes serve as a general guide as to whether (and how much) support will be awarded in a final order. The formula Fairfax County has established provides the following:
28% x Payor’s (higher earning party) Income – 58% x Payee’s (lower earning party) Income
EXAMPLE: Payor earns $10,000 per month, Payee earns $3,000 per month.
28% x $10,000 = $2,800 58% x $6,000 = $1,740
$2,800 – $1,740 = $1,060 (monthly support)
The most important thing to remember is that every case is different. We here at PJI Law understand that separating or divorcing couples are unique, and that the questions of whether you or your spouse will get support, and how much it might be, can only be addressed upon a review of your specific situation, facts and finances. A consultation is an excellent way to tackle those questions head on.