Is alimony based on need or fault?

In Virginia, alimony is based on need rather than fault. Need-based alimony is determined by a court in order to help provide financial stability for a party before, during, or after a divorce. Fault-based alimony is awarded when one spouse is determined to be at fault for the divorce. When considering alimony, a judge will consider many factors, including the length of the marriage, the standard of living during the marriage, the age of each spouse, the earning capacity of each spouse, the health of each spouse, the level of education, and any contributions one spouse made to the career of the other. The court will examine both parties’ incomes and expenses and determine which party needs financial assistance and which party has the ability to pay. The court will also consider if the payee caused a substantial interruption of the paying spouse’s earning capacity by taking care of a child or elderly parent. In short, in Virginia, alimony is determined mostly on need rather than fault. It is granted to balance the economic hardship created by the dissolution of a marriage and not necessarily to punish a wrongdoer.

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Is alimony based on need or fault?

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