Award of Indefinite Spousal Support in Virginia

Introduction

     In Virginia, the court considers many factors when determining an award of spousal support for an indefinite length of time. Among the major factors is the lifestyle of the parties during the marriage, how many years the parties were married, and ability of the parties to work or be employed post-divorce. 

Lifestyle During the Marriage

     In Bobocholov v. Turaeva, No. 0542-23-4 (Va. App. Aug. 27, 2024), the parties had a marriage in which the husband was the sole breadwinner and operated multiple businesses while the wife stayed home to care for the family. Due to the operation of multiple businesses, the husband’s income was substantial, with bank accounts reflecting balances in the millions of dollars. This led to what most would consider a “lavish” lifestyle, even while the wife was a stay-at-home mom earning no income. It would be common for a court to award the wife indefinite spousal support, in order for her to continue supporting the lifestyle the parties had during their marriage.

Other Extenuating Circumstances

     Certain extenuating circumstances can also lead to the court awarding an indefinite award of spousal support, even if the party receiving the spousal support has a stream of income and the earning potential to support themselves. For example, in the above-referenced case, Bobocholov v. Turaeva, No. 0542-23-4 (Va. App. Aug. 27, 2024), the wife was awarded indefinite spousal support in the amount of $5,500.00 per month. The husband argued that this amount was excessive, and cited the fact that the wife obtained a job after their separation and therefore had some income to help support herself. 

     However, along with the fact that the husband had a larger income and supported a comfortable lifestyle during the marriage, the parties had a child with Down Syndrome that required constant supervision. The court determined that the wife’s responsibility of caring for a child with special needs limited her earning potential and therefore awarded the wife indefinite spousal support. 

Factors for Determining Spousal Support

As mentioned earlier in this article, the court considers many factors when determining the amount and duration of an award of spousal support. A few major factors were discussed in this article that more commonly result in an award of indefinite spousal support. The following are all of the factors that may be considered pursuant to § 20-107.1 of the Code of Virginia:

1) The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;

2) The standard of living established during the marriage;

3) The duration of the marriage;

4) The age and physical and mental condition of the parties and any special circumstances of the family;

5) The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;

6) The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7) The property interests of the parties, both real and personal, tangible and intangible;

8) The provisions made with regard to the marital property under § 20-107.3;

9) The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;

10) The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his earning ability;

11) The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

12) The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13) Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.

Conclusion

     Our team of experienced family law attorneys at Smith Strong, PLC can assist you with any situation you are going through that involves spousal support, whether that be navigating your separation and divorce, negotiating a spousal support amount via settlement agreement, or spousal support modification. Please call us at (804) 325-1245 to get started with a comprehensive, 1.5-hour consultation to discuss your matter.

Special thanks to Owen Togna for editorial assistance in drafting this article.