This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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A spouse is more likely to receive an award of spousal support with no defined duration, where spousal support will continue until death of either party or remarriage, if there was a long-term marriage and the spouse seeking support is nearing or at retirement age, or unable to become sufficiently employed to provide ...
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.
Courts may grant "pendente lite" alimony during divorce litigation - they may grant "defined duration" (temporary rehabilitative) alimony, or permanent alimony which lasts until it is terminated by death, remarriage, or a court finding of cohabitation.
A pre or post nuptial agreement may include provisions establishing the type or amount of spousal support paid to a spouse in the event of divorce, as well as a waiver of the right to spousal support. Courts will typically not modify such agreements.
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.
Permanent support, unless the court orders otherwise, is indefinite. Regardless of the type of support in your case, if the supported spouse remarries (or cohabitates), the court will automatically terminate the award. Generally, the same is true if either spouse dies. (Va.
Prove that you are earning less than your spouse: You can avoid paying spousal support or alimony if you can prove successfully that you were not the main breadwinner of the family. The Code of Virginia is unbiased on the gender where spousal and child maintenance is concerned.
