Can spousal support be ordered if one spouse is still legally married to their ex-spouse?
In Virginia, generally spousal support can only be ordered if one spouse is legally divorced or separated from their ex-spouse. Spousal support is a form of financial support awarded to a former spouse that is intended to bridge the gap between the income a couple enjoyed during marriage and the reduced income that either party may experience after the divorce. This type of support is often set for a set period of time, and may be adjusted if either spouse’s circumstances change drastically. In the state of Virginia, spousal support is determined on a case-by-case basis. The court will factor in several different elements in order to come to a decision, including the length of the marriage, the amount of assets and property each spouse has, and the standard of living both parties enjoyed during the marriage. If one spouse is still legally married to their ex-spouse, the court usually cannot award spousal support, as a couple must be legally divorced or separated in order for spousal support to be ordered. Therefore, it is important to understand that spousal support can only be ordered in Virginia if the couple is legally separated or divorced, and if one of the spouses is still legally married to their ex-spouse, spousal support cannot be ordered. It is important to understand the legal nuances of spousal support in Virginia so as to avoid any confusion that may arise during the process.
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