Why do we even have spousal support in Virginia?
Professor of Law David D. Friedman highlights one good reason using explicit economic theory: Continue reading
Category Archives: Spousal Support
Virginia Spousal Support: The Factors
What do Virginia courts consider in spousal support cases?
Reasons to Not Award Spousal Support in Virginia:
Virginia Code § 20-107.1(E) states that in determining whether to award spousal support in the first instance the court shall consider the circumstances and factors that contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. Continue reading
Why Do We Even Have Spousal Support in Virginia?
Why do we even have spousal support in Virginia?
Author Stephanie Coontz highlights at least one good reason that gets traction in some cases: “Women who quit their jobs or cut their hours suffer a wage penalty that widens over the years, even if they return to the job market and work continuously for two more decades. Over a lifetime, even a temporary absence from the workforce can cost a woman hundreds of thousands of dollars, making her more economically vulnerable in case of divorce or the death of her spouse.” Stephanie Coontz, Five Myths About Marriage, The Washington Post, May 27, 2012.
Virginia Spousal Support and Adultery: A Manifestly Unjust Application of the Manifest Injustice Exception
When can an adulterer receive spousal support in Virginia?
Va. Code § 20-107.1 states:
“ . . . [N]o permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of § 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.” Continue reading