How Does Spousal Support Work in Virginia?

Estimated Reading Time: 8 min read

Virginia Code

Virginia statutory law speaks generally of the criteria that a judge must consider when deciding an alimony case. However, the listed criteria give almost no guidance to the courts when making a determination as to “how much” spousal support is to be paid and “for how long” spousal support should last.

How Long Do You Have To Be Separated For Divorce In Virginia?

Estimated Reading Time: 4 Minutes 20 seconds In a Virginia Divorce, Judges Only Divide Marital Assets Acquired Before Separation In a Virginia divorce, you must live separate and apart for either 12 months (with kids) or 6 months (without kids) in order to file a no- fault divorce.

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Living Separate and Apart – Requirements Under Virginia Divorce Law

Estimated Reading Time: 3 Minutes 50 seconds In a Virginia divorce, there must always be grounds for divorce. In a "no-fault" divorce, those grounds are based on a period of separation. With minor children, couple seeking divorce must live separate and apart for one year.

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What is a Marital Settlement Agreement and MSA in a Virginia Divorce?

Estimated Reading Time: 8 Minutes 30 seconds A Marital Settlement Agreement and MSA is a contract between a married couple that sets out the terms of how they will move forward in their lives, both during their separation and after divorce. A signed PSA will be the biggest part of your divorce.

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What is “Equitable distribution of property”?

Estimated Reading Time: 9 Minutes THE DEFINITION of EQUITABLE DISTRIBUTION – NOT 50%/50% Equitable Distribution is the legal term for how judges, in Virginia (and 39 other states), divide and distribute property and debt in a divorce.  “Equitable” means “fair”, not “equal”. . .  so you know you are in some tricky territory right there.

Business Valuation & Division in a VA Divorce

Settling a divorce case in Virginia, where one of the parties owns a business, can be extremely challenging. Businesses are considered “property” and, just like a house or a retirement fund, are divisible upon divorce. Therefore, in a mediated divorce settlement, the value of a family business must usually be quantified in order for both parties to make informed decisions with regard to which party retains which asset/liability post-divorce.