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Initial
During separation, if there is the need on the part of one spouse and
the ability on the part of the other spouse to pay, the court may award
temporary alimony. This is called temporary, or Pendente Lite support.
The court’s determination is based on the needs of one party and
the ability of the other party to pay support. In Fairfax County, we have
a specific calculation that is used. Other jurisdictions may consider
the Fairfax method, however, they are not bound to it. Usually there needs
to be a disparity in incomes by about 30%, or other factors such as high
costs of living borne by the party needing support.
Final
At the time of the equitable distribution hearing on property, or in a
separate hearing, the court will make a “permanent” determination
of alimony. This may include an award of a reservation of support to one
or both parties, a fixed monthly sum until death, remarriage, or cohabitation,
a fixed monthly sum for a specific duration, or a lump sum award. Lump
sum awards are rare because the court is not in a position to determine
how that amount of money will meet the person’s needs over an unlimited
span of time. The more likely outcome is a fixed monthly sum.
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| Spousal Support
FAQ |
| Question: |
What's the difference between spousal support, alimony and separate maintenance? |
| Answer: |
There isn't any, they all mean an amount payable from one spouse to the other so that the spouse in need can afford to live. |
| Question: |
How long does Pendente Lite support last? |
| Answer: |
Usually until the final decree of divorce is entered. |
| Question: |
For how long will I receive alimony? |
| Answer: |
That is determined by the length of the marriage, your ability to financially meet your own needs and the ability of the opposing party to pay along with a host of other factors. If the court decides you should only need support for a limited amount of time, that is called Rehabilitative Spousal Support. If you are awarded support until death, remarriage or cohabitation, that is considered permanent support. |
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