What factors are considered when awarding alimony?
In Virginia, courts consider several factors when awarding alimony. These factors typically include the financial need of the receiving spouse, the assets of each spouse, the length of the marriage, the ages of both spouses, the physical and mental health of both spouses, the educational level of both spouses, the ability of the paying spouse to provide alimony, the standard of living set during the marriage, and contributions made by either spouse during the marriage. This includes contributions to the marital home, the family business, or a career. The court may also consider the fault of either spouse when determining alimony. This could include adultery, cruelty, or abandonment, although it is usually not considered a major factor in awarding alimony. Factors such as the tax consequences of alimony payments or whether the spouse is cohabiting with another person may also be taken into account. The court will work to make an alimony award that is fair and equitable to both parties. The court order usually states the length of time alimony payments must be made, the amount of the payment, and any conditions that must be met for the payment to continue. Alimony payments can be modified if circumstances change, such as if the paying or receiving spouse loses or finds a job, or if there are changes in tax law.
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