Spousal support, also known as alimony, is a court-ordered payment from one spouse to another following a divorce.1 While the initial spousal support order is based on the circumstances at the time of the divorce, life is rarely static.2 Changes in income, health, or living arrangements can necessitate modifications to the original agreement.3 This article explores how to navigate changes to Virginia Spousal Support
Understanding the Basis for Modification
Virginia law allows for the modification of spousal support orders under specific circumstances.4 The key principle is a “material change in circumstances.” This means a significant and unforeseen change that substantially alters either party's financial situation or needs. Minor fluctuations are generally insufficient; the change must be substantial and ongoing.
Common Grounds for Modification
Several situations can constitute a material change in circumstances:
- Significant Change in Income: A substantial increase or decrease in either spouse's income can justify a modification. This could result from job loss, a promotion, a demotion, or a significant change in business revenue.
- Changes in Health: A serious illness or disability that affects a spouse's ability to work or increases their medical expenses can be grounds for modification.5
- Remarriage: In Virginia, remarriage of the receiving spouse typically terminates spousal support unless there is a written agreement stating otherwise.6
- Cohabitation: If the receiving spouse enters into a cohabiting relationship akin to marriage, spousal support may be terminated or modified. Virginia courts consider factors such as shared finances, joint living arrangements, and the length of the relationship to determine if cohabitation exists.7
- Retirement: Retirement can be a basis for modification, particularly if it results in a significant decrease in income. However, the court will consider whether the retirement was reasonable and in good faith.
The Process of Seeking Modification
To modify a spousal support order, the party seeking the change must file a motion with the court that issued the original order.8 The motion must clearly state the reasons for the requested modification and provide supporting documentation, such as pay stubs, medical records, or evidence of cohabitation.
The court will then hold a hearing where both parties can present evidence and arguments. The judge will consider the evidence and determine whether a material change in circumstances has occurred.9 If so, the judge will then decide whether to modify the spousal support order and, if so, the extent of the modification.
Important Considerations
- Burden of Proof: The party seeking the modification bears the burden of proving a material change in circumstances.
- Prospective Application: Modifications to spousal support are generally applied prospectively, meaning they take effect from the date the motion was filed or a later date determined by the court. Retroactive modifications are rare.
- Agreement of the Parties: If both parties agree to a modification, they can submit a written agreement to the court for approval. This can be a more efficient and less contentious way to modify spousal support.
- Legal Counsel: It is highly advisable to seek legal counsel from an experienced family law attorney when seeking or opposing a modification of spousal support. An attorney can help you gather necessary evidence, prepare legal arguments, and represent you in court.10
Cohabitation and Spousal Support
Cohabitation is a particularly complex area of spousal support modification in Virginia. The law does not provide a precise definition of cohabitation, leaving it to the courts to determine on a case-by-case basis. The court will look at various factors, including:
- Sharing of a residence
- Commingling of finances
- Length of the relationship
- Whether the couple holds themselves out to the public as a couple
If the court finds that cohabitation exists, it can terminate or modify spousal support.11
Conclusion
Navigating changes to spousal support requires a thorough understanding of Virginia law and the ability to demonstrate a material change in circumstances. Seeking legal advice from a qualified attorney is crucial to protect your rights and achieve a fair outcome. By understanding the process and gathering appropriate evidence, you can effectively navigate modifications to spousal support orders in Virginia.
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