Spousal support in Virginia is determined through a careful analysis of various factors outlined in Virginia Code 20-107.1. These factors encompass the financial resources of each party, including their earning capacity, property interests, and any other income sources. The duration of the marriage plays a significant role, with longer marriages often resulting in longer-term support. The court also considers the standard of living established during the marriage, the contributions, monetary and non-monetary, of each party to the well-being of the family, the age, physical and mental condition of each party, and the circumstances and factors which contributed to the dissolution of the marriage, among other considerations. For example, a stay-at-home parent in a long-term marriage may be awarded support to bridge the gap in earning potential compared to the working spouse.
Providing financial stability to a spouse after divorce is crucial for ensuring a just and equitable outcome. The process seeks to address potential disparities in earning power and resources that might arise from the dissolution of the marriage. This legal framework contributes to a more stable post-divorce environment for individuals and families, promoting self-sufficiency and reducing potential economic hardship. Historically, spousal support laws reflect societal shifts in recognizing the contributions of both partners to a marriage and the need for ongoing financial support in certain circumstances. These laws have evolved to reflect a greater emphasis on fairness and equality within the context of divorce.
