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?


Asked on 4/01/03, 5:33 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

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.

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Answered on 4/01/03, 9:24 am


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