Does alimony have to be paid if the payor is unemployed?

In Virginia, alimony does not have to be paid if the payor is unemployed, unless specified in the divorce agreement. Alimony is an agreement between two former spouses that one spouse pays the other spouse money in order to help them maintain their lifestyle during or after the divorce. For any alimony agreement to be enforced in Virginia, there must be a written agreement that specifies the amount and duration of the payments. However, if the payor’s income is no longer sufficient to meet these payments, the agreement can be modified to reflect the decreased income. This means that if the payor loses their job or has a dramatic drop in income, they can petition the court to adjust their alimony payments. In Virginia, the court is likely to consider the payor’s current employment status and any potential job opportunities. If the payor is unemployed and has no current prospects, the court may modify the agreement to no longer require alimony payments. It is important to note that the payor is still liable for any back payments owed even if alimony payments cease completely. Any agreement to modify payments due to unemployment should be done under the supervision of a court. It is usually recommended that divorcees seek legal counsel throughout the alimony process to ensure that the rights of both parties are being honored.

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