Spousal Support Reform Is Not As Good As It Looks on Paper

October 05, 2011

Over the past few years, a movement to reform spousal support (called "alimony" and "spousal maintenance" in some states) has been making its way across the nation. Spousal support in its traditional form consists of the money-earning spouse providing financial support to the other spouse after a divorce. The amount of spousal support can be agreed upon or calculated based on the earning spouse's ability to pay and the needs of the non-earning spouse.

Because of changing times -- in which more and more wives and mothers work outside the home -- many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage.

Negative Impact on Stay-at-Home Moms

The core problem with this spousal support reform is that judges no longer have the discretion they used to have in determining the needs and ability of the involved parties. Each situation is unique and while guidelines are important to facilitate consistency, the needs of a parent and children are not one-size-fits-all.

Spousal support reform of this type is especially damaging to mothers who have put education and careers on hold to raise a family at home, relying on the spouse to provide financial support. These mothers may not have worked for 10 to 15 years and capping spousal support may force them into a workforce for which they are unprepared.

Virginia Spousal Support

Fortunately, spousal support in Virginia has not yet fallen prey to reform. If spouses do not agree on specific support amounts and time lengths, Virginia courts are still empowered to determine the amount and duration of support payments based on the unique family circumstances. Virginia courts may consider many factors, including the following:
- The financial needs, resources and assets of the spouses
- The standard of living during the marriage
- The length of the marriage
- The age, mental and physical conditions of the spouses
- The spouses' earning capacity

Virginia law also allows for a change in the support terms based on changes in circumstances; a formula does not allow for such modifications.

While courts and legislatures are trying to adapt to changing times, they must realize that not everyone is changing and no one situation is identical to another. There is no fix-all formula or solution. If you are not receiving the amount of spousal support you need to support yourself and your family, contact an experienced family law attorney to discuss your situation and your options.

Article provided by James D. Garrett & Associates, P.C.
Visit us at www.jamesgarrettlaw.com