When you are the lower-earning spouse, the prospect of divorce is terrifying. You may have spent the last decade raising children, managing the household, or working a part-time job to support your spouse’s demanding career. Now, the marriage is ending, and you are staring down a massive financial cliff. Once the dust settles, issues like child custody and child support will need to be resolved alongside your spousal support claim.
How will you pay the mortgage? How will you afford health insurance? How will you survive on a fraction of the income you are used to?
If you are facing a divorce in Prince William County and there is a significant gap between your income and your spouse’s, you need to understand your rights regarding spousal support (alimony). The law in Virginia is designed to prevent you from being left destitute, but support is never guaranteed. You have to fight for it.
The Two Hurdles You Must Clear
To receive spousal support in the Prince William County Circuit Court, your attorney must successfully guide you over two distinct legal hurdles.
Hurdle 1: You Must Prove “Need” and “Ability to Pay”
The court will not award you alimony simply because your spouse makes more money than you. You must prove that you have a legitimate financial need for support to meet your basic living expenses, and you must prove that your spouse has the ability to pay that support while still meeting their own needs.
Your attorney will help you create a detailed Income and Expense Statement. This document outlines your monthly costs—housing, food, utilities, healthcare, and transportation. If your expenses exceed your income, you have established a “need.”
Hurdle 2: You Must Survive the “Statutory Factors”
Once need and ability to pay are established, the judge will look at 13 specific factors outlined in Virginia Code § 20-107.1 to determine how much you should receive and for how long.
For the lower-earning spouse, the most critical factors are usually:
- The Standard of Living: The court will look at the lifestyle you enjoyed during the marriage. If you lived in a large home in Haymarket and took annual vacations, the court will try to award enough support to keep you somewhat close to that standard, if your spouse’s income allows it.
- Your Contributions: Did you put your career on hold to raise the kids? Did you work to put your spouse through medical school or law school? The court views these non-monetary contributions as highly valuable and will compensate you for them.
- Your Earning Capacity: The court will look at your education, skills, and age. If you have been out of the workforce for 20 years, the court knows you cannot simply walk into a high-paying job tomorrow.
Temporary Support vs. Permanent Support
You do not have to wait until the divorce is finalized to get financial help.
Divorces in Prince William County can take a year or more to resolve. If your spouse cuts off your access to joint funds or stops paying the bills, your attorney can file a motion for Pendente Lite Support (temporary support). This is a stop-gap measure ordered by the judge to ensure the mortgage is paid and you have money for groceries while the divorce is pending.
When the divorce is finalized, the judge will issue an order for final support. Depending on the length of your marriage and your age, this could be for a defined duration (e.g., five years to allow you to go back to school) or, in long-term marriages, it could be permanent (indefinite) support.
The Adultery Trap
There is one massive caveat to spousal support in Virginia: Adultery is generally an absolute bar to receiving alimony.
If your spouse can prove that you committed adultery, you will likely be denied spousal support, regardless of how much you need it or how much they make. There is a narrow exception if denying support would constitute a “manifest injustice” (meaning you would be left completely destitute), but it is a very difficult exception to win. If you are seeking support, your conduct during the marriage and the separation period will be heavily scrutinized.
Frequently Asked Questions About Seeking Alimony
Will I lose my spousal support if I start dating someone new?
Dating someone new will not automatically terminate your support. However, if you move in with a new romantic partner and cohabitate in a relationship analogous to marriage for one year or more, your ex-spouse can petition the court to terminate your alimony.
What if my spouse quits their job to avoid paying me?
Judges are very familiar with this tactic. If your spouse intentionally quits a high-paying job or takes a lower-paying job just to avoid alimony, your attorney can ask the court to “impute” income to them. The judge will calculate your support based on what your spouse should be earning, not what they are currently earning.
Can we negotiate support out of court?
Yes, and it is often highly recommended. You and your spouse can agree to a specific monthly amount, or you can negotiate a lump-sum buyout (e.g., you take a much larger share of the retirement accounts or keep the house free and clear — see our property division page for details — in exchange for waiving monthly alimony).
Don’t Walk Away Empty-Handed
You invested years of your life into your marriage. You deserve financial stability as you transition into your next chapter.
At Raheen Family Law, we fiercely advocate for spouses who have sacrificed their own earning potential for the sake of their family. We know how to prove your need, expose hidden income, and secure the support you deserve in Prince William County. Contact us today or call our Fairfax Divorce Lawyer Now! at 703-223-5295 to schedule a consultation with an experienced Prince William divorce lawyer and protect your financial future.