Legal Question in Family Law in Virginia
My father is pending a divorce with my mother,but no papers have been filed yet. She was recently awarded 300.00 p/m alimony. She caused him to lose a well-paid government job, from which he had a 32K retirement. Working minimum wage has forced him to spend 16K to survive since last June. He is saving 16K now to pay her whenever divorce papersare filed,which he cannot afford an attorney to do. Does he have to keep that 16K set aside for her since there are no papers filed? He needs that money to pay her alimony!
1 Answer from Attorneys
No, (assuming this 16K may qualify as marital property) not until he has been obligated to pay her by a certain date under a Property Settlement Agreement
(PSA) or under a decree of divorce which has been finalized incorporating
such PSA.
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