Divorce Alimony For Disabled Spouse In Virginia
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FAQ
One of the most significant disqualifying factors for alimony in Virginia is adultery. If you've been unfaithful during your marriage, you may lose your right to receive spousal support. Other fault-based grounds for divorce, such as cruelty or desertion, can also impact alimony decisions.
No. Under federal law, VA disability benefits are not marital property which courts can divide in a divorce. However, the VA disability payments are not invisible to the court, and do count as income when calculating child support or alimony.
However, adultery is not necessarily a complete bar to the adulterous spouse receiving spousal support in Virginia. Rather, the court may still award the adulterous spouse support in some cases, based on (1) the relative finances of the parties and (2) the relative degrees of “fault” of the parties.
Spousal support issues arise in Virginia divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult.
Is VA disability considered income for alimony? Yes. While VA disability payments cannot be divided as property in a divorce, the payments do count as income when calculating alimony (spousal support) or child support.
If you are rated as totally disabled as a result of a service-connected disability for at least eight continuous years preceding death, your spouse is entitled to an additional $246. An additional $286 is payable for each dependent child.
