Are there any circumstances that would make spousal support permanent?
In Virginia, there are a few circumstances that could make spousal support permanent. First, if there is an agreement between the two parties that specifies that the support is to be permanent, the court will honor that agreement. Second, if the court finds that one party is incapable of self-support due to a physical or mental disability, it may award permanent spousal support. Finally, if the court finds that the marriage was for a lengthy period of time (such as twenty years or more), the court may award permanent spousal support. In all of these cases, the court will consider the financial resources and future earning capacity of both parties. Additionally, the court may also consider any tax consequences of awarding spousal support. For example, if one party were to pay alimony for a long period of time, they could be taxed on the income generated from the alimony. The court may therefore not award permanent spousal support if it would result in a large tax burden on the paying party. Ultimately, however, the court will consider a number of factors before deciding whether to award permanent spousal support in any given case. These factors include the incomes and financial resources of both parties, the length of the marriage, the future earning capacity of both parties, any tax implications, and other factors.
Related FAQs
Is spousal support different if the couple is not legally married?Does spousal support continue if the paying spouse gets a job after retirement?
How much spousal support can I receive?
Does the court consider the paying spouse’s ability to pay when calculating spousal support?
Does spousal support terminate when a paying spouse passes away?
What happens if the paying spouse is self-employed?
Can spousal support be awarded before a divorce is finalized?
Do I have to pay spousal support if I did not sign any prenuptial or marital agreement?
Can spousal support be ordered if one spouse is still legally married to their ex-spouse?
Does spousal support terminate if the paying spouse remarries?
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