Virginia divorces can be contentious with a stream of concerns as to what the future might hold for both parties. Those who are fearful about their finances because they earned less during the marriage or did not work at all will understandably request spousal support. However, there is frequent debate as to how much it will be and how long it will last.
One challenge that needs to be addressed is if the person asking for support does not have the education, skills and training to self-support in the immediate aftermath of the divorce. The law addresses this in several ways.
However, it is imperative to understand how the court will weigh the important issues. This is true from the perspective of the former spouse who is being asked to pay and the one who will receive the spousal support.
Earning capacity hinges on several factors
When a person is looking for employment, the potential employer will want to know their abilities. That includes their training, education and experience. Those who do not have the requisite skills to find suitable employment in the current economy will need assistance to make ends meet. This is considered when the spousal support order is made.
Depending on the circumstances, the person receiving payments could be given a certain amount of time to gain that education, training and skills to support themselves so the spousal support can be reduced or eliminated entirely. If, however, there are minor children from the marriage and the receiving spouse needs to take care of that child, then this too will affect the support order.
Perhaps the person who is asking for support did begin to receive higher education and training but put their aspirations on hold to run the household or work to help the spouse gain their own education or start a business. An example would be a person who was going to medical school. The spouse asking for support could have worked and helped them to concentrate on their studies. When asking for support, the court can weigh this and make an order accordingly.
Spousal support is often disputed in a divorce
In addition to the educational and training needs a person has after a divorce, other considerations for spousal support include their resources; the standard of living during the marriage; how long the marriage lasted; the physical condition of both parties; their age; property the couple accrued; if they have an agreement regarding property; and more.
Because people will need to move forward and make ends meet after the marriage is over, support can be a topic for disagreement from both sides. To try and reach a fair amount, it is imperative to have advice from experienced and caring people who understand the circumstances and will work hard to find a positive resolution in the family law case.