Legal Question in Family Law in Virginia

Equitable distribution and spousal support

The basics: married 19yrs. 2 kids at home under 18. He cheated for 2yrs, gone for 1 1/2yrs (1997-2000). Don't know if he's cheating at present. He owns a sub-chapter S corp. purchased after our marriage. I am not an owner, but my name and signature are on loans, etc. for the business. I have worked there on and off over the years for short time periods, but mostly I'm a stay at home mom.

Our AGI is fairly high because of being a sub-chapter S corp.

Questions: Is there a scale to use to determine support? Is support for a limited time? Is the business considered part of the ''equitable distribution''? How can I determine what is my percentage of equitable distribution and/or support? Does his prior adultery (I have proof) or my taking him back affect anything?

Thank you.


Asked on 8/11/04, 5:34 pm

2 Answers from Attorneys

Shane Jimison Jimison/Homiller, PLC

Re: Equitable distribution and spousal support

Way too much info to be answered over bbs, try giving me a call early next week at 804-217-9898.

Check out my website, www.jimisonlaw.com/dom for info about domestic relations...it may help answer a few of your questions. Your taking him back will be a defense to suing him on adultery grounds...the figure on support is tricky- i'd have to have lots of financial info to determine what your share may be. S-corp may be a part of the equitable distribution as it may be a marital asset. There is nothing solid there however. I should caution you that there is a 5 year statute of limitations for filing a divorce based on adultery. I'll be glad to talk to you next week, if you'd like.

Shane

Read more
Answered on 8/11/04, 6:25 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Equitable distribution and spousal support

You would be well advised to arrange for a consultation with an attorney located in your immediate area who is knowledgeable in Virginia family law issues and who will be able to advise you on the issues of spousal support and the equitable distribution of marital assets as it is likely to occur in your particular situation.

This attorney should also be able to advise as to how you go about getting a proper and credible valuation of the subchapter S corp. family business which is likely to have major implications for you in determining your share of the marital assets should you seek to go forward with a divorce.

Read more
Answered on 8/11/04, 7:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia