Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
Calculating Alimony in Virginia Alimony is set at 30% percent of the higher-earning spouse's income minus half of the lower-earning spouse's income.
You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.
These factors include: the incomes and financial needs of both parties, the duration of the marriage, the standard of living established during the marriage, etc.
What is a wife entitled to in a divorce in Virginia? Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation. Division of property is also determined by the court based on each spouse's financial situation and assets.
Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.