Legal Question in Family Law in Virginia
Permanent Alimony
What are the guidelines for granting permanent alimony vice rehabilitative alimony and where in writing may this be found? Is this a law or a judgement call?
1 Answer from Attorneys
Re: Permanent Alimony
Until just a few years ago, there was no statutory recognition of rehab alimony, just permanent. That doesn't mean judges didn't find ways to accomplish what they thought was right for each case; it was just not as easily justified. Now there is specific statutory authority in Section 20-107.1 C., " C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof."
Spousal support is not subject to any formula which binds the court, as is the case with child support, so it's always a judgment call.