Is alimony paid during the divorce process?
In Virginia, alimony is sometimes paid during the divorce process, but the decision is ultimately determined by the court. Alimony is a type of financial support that is sometimes paid by one spouse to the other spouse for support following a divorce. Alimony is not an automatic payment, and is not always present in a divorce. In Virginia, the court will consider various factors when determining whether or not to award alimony, such as earning capacity of each spouse, length of the marriage, ages of the parties, financial resources of each party, contribution of one spouse to the education, training or increased earning power of the other, the contributions of each party to the marriage, standard of living established during the marriage and the debts and property of each. If the court finds that one spouse is entitled to alimony, the court will then decide how much should be paid, to whom, and for how long. Alimony can be paid in regular payments or as a one-time lump sum. Generally, the court will order alimony to be paid during the divorce process, while the divorce is pending, and until a final divorce decree is entered. In some cases, the court may order alimony to be paid after the divorce process is complete. Alimony is not a substitute for child support, and spouses are not typically able to claim alimony payments as a tax deduction. Spouses should contact a qualified lawyer to review their individual case before deciding if alimony payments are appropriate.
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