How can I get spousal support and how long can I receive payment?

There are no hard and fast guidelines for determining either the amount or duration of spousal support in the Commonwealth of Virginia. Certain jurisdictions such as Fairfax County publish temporary (pendente lite) spousal support guidelines, which may be used to calculate support pending a formal, final support. The touchstone consideration for determining whether and how much spousal support may be required is one spouse’s financial need balanced against the other’s ability to pay. If the divorce will leave one spouse with very little income and the other with sufficient income to contribute support, generally the court will award support. In the classic case, spousal support is awarded to a homemaker who has put his/her career on hold for the benefit of the family and paid by the wage-earning spouse who has worked during the marriage and enjoyed the benefit of a steadily increasing income. In short-term marriages of say less than ten (10) years, that assistance may continue for a period equal to one-half the duration of the marriage. That period is loosely calculated to enable the recipient spouse to further his/her education, receive job training and reestablish him/herself in the workforce. For longer term marriages of say fifteen (15) years or more, such rehabilitation may not be possible and support may continue indefinitely. No two parties’ circumstances are the same and thus support amounts and durations tend to vary.