Spousal Support Post-Divorce in Virginia: Understanding Duration and Options
When undergoing a divorce, particularly in a state like Virginia where long-term marriages are common, understanding the duration of spousal support is crucial. The length of support can vary widely depending on several factors, including the length of your marriage and the overall circumstances of your case.
Factors Influencing Spousal Support Duration
The length of spousal support can range from a few years to potentially lifelong payments. In marital cases in Virginia, the duration is often determined based on a combination of factors, including the length of the marriage.
Long-Term Marriage Considerations
For marriages lasting over 20 years, such as the one you've mentioned, the likelihood of long-term spousal support increases. The longer you've been married, the more likely it is that the court may order lifetime support, subject to review and modification. This is because the spouse who stayed home to raise children or manage the household during the marriage is often seen as having given up career and education opportunities that could have been pursued if the marriage had not been long-term.
Nature of Support
Spousal support is not guaranteed to be lifelong. It can also be seen as rehabilitative support, aimed at helping the spouse become self-sufficient. This typically involves further education or training to gain new skills. In your case, helping your ex-spouse earn a trade by paying for community college could be a valid strategy to achieve this goal.
Legal Advice Importance
The best course of action is to consult with a qualified attorney. A lawyer specializing in family law in Virginia can provide guidance tailored to your specific situation and ensure that any orders and agreements are legally sound and in your best interests. Consider consulting multiple attorneys to compare their recommendations and approaches.
Alternatives and Considerations
Some legal scholars and commentators advocate for different approaches that go beyond traditional spousal support. For instance, transferring assets out of the country as an alternative to ongoing support may be an option to consider. However, this would require careful planning and legal advice to ensure it is both practical and lawful.
The modern legal system often views spousal support as a form of fairness, implying that the partner who stayed at home should be supported for an equivalent period even if they did not actively contribute to the marriage. This perspective is often at odds with the idea of mutual equal partnership in marriage. Keeping this in mind, you might face challenges in getting a more flexible or modified support agreement.
Global Perspective and Future Legal Changes
Strategies for those facing a high-risk of long-term support include planning for the future by seeking second citizenship in another country. This could allow you to legally avoid being tied to a state that disproportionately supports the ex-partner. Additionally, there are expectations that future legal changes might affect the laws related to spousal support, potentially offering more equitable solutions for both partners.
Conclusion
The duration of spousal support is a complex issue that requires careful consideration and legal expertise. Whether it is a few years of rehabilitation support or potentially lifelong payments, the best approach is to seek professional legal advice. Alongside this, considering long-term strategies like second citizenship could offer potential solutions tailored to your specific situation.