Legal Question in Family Law in Virginia

Re: Spousal Support

Does a newly injured estranged spouse qualify for support from the other?

If the couple are still married there is still the right to request the support.

The chances of the injured party receiving support are fairly good. He must prove the need for it and the other spouse's ability to pay it.

To determine one's need for spousal maintenance income is not the only factor considered. Division of any marital property is a key element. If there are other assets (home, 401K, retirement, savings) that are held, it will be hard to show a destitute need. This includes any compensation, personal injury award or social security benefits he may get as a result of this injury.

Interestingly enough if the man receives any personal injury settlement as a result of this accident, his recovery is his SEPARATE property, that is not marital, except for the portion which directly related to loss of his INCOME (which is marital property).

My best guess is that yes, you may be responsible for your injured estranged spouse's maintenance. The general maxim of the law is YOU TAKE YOUR VICTIM AS YOU FIND HIM. That is this man was still your husband and when the question of his support is raised, his current physical condition (i.e. his NEED for support) at the time of the hearing is what's relevant.

There is some mitigation in the fact that you had been estranged or separated from him. This will not be an absolute defense however. It will just mitigate his expectation that an estranged spouse would have to take care of him should he get hurt.

We are legally bound to our spouses in many ways before a divorce becomes final (i.e. each other's medical bills). I'm afraid this question of spousal support falls into that category.

Get a lawyer.

Good luck.

Re: Spousal Support

Your husband is legally entitled to seek pendente lite(temporary support)from you since you're still married to him and each of you has a reciprocal support obligation with respect to the other as long as you're still married and no contravening order(s) exist which would alter or void that mutual obligation. However, whether the court having jurisdiction over this matter would actually award him the temporary support which he may seek is another matter and would depend on the

particular facts of the case.