2006 Code of Virginia § 20-107.1 - Court may decree as to maintenance and support of spouses

20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of 16.1-241 orupon the entry of a decree providing (i) for the dissolution of a marriage,(ii) for a divorce, whether from the bond of matrimony or from bed and board,(iii) that neither party is entitled to a divorce, or (iv) for separatemaintenance, the court may make such further decree as it shall deemexpedient concerning the maintenance and support of the spouses. However, thecourt shall have no authority to decree maintenance and support payable bythe estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of 20-109, and no permanent maintenance and support shall be awarded from aspouse if there exists in such spouse's favor a ground of divorce under theprovisions of subdivision (1) of 20-91. However, the court may make such anaward notwithstanding the existence of such ground if the court determinesfrom clear and convincing evidence, that a denial of support and maintenancewould constitute a manifest injustice, based upon the respective degrees offault during the marriage and the relative economic circumstances of theparties.

C. The court, in its discretion, may decree that maintenance and support of aspouse be made in periodic payments for a defined duration, or in periodicpayments for an undefined duration, or in a lump sum award, or in anycombination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the courtmay reserve the right of a party to receive support in the future. In anycase in which the right to support is so reserved, there shall be arebuttable presumption that the reservation will continue for a period equalto 50 percent of the length of time between the date of the marriage and thedate of separation. Once granted, the duration of such a reservation shallnot be subject to modification.

E. The court, in determining whether to award support and maintenance for aspouse, shall consider the circumstances and factors which contributed to thedissolution of the marriage, specifically including adultery and any otherground for divorce under the provisions of subdivision (3) or (6) of 20-91or 20-95. In determining the nature, amount and duration of an awardpursuant to this section, the court shall consider the following:

1. The obligations, needs and financial resources of the parties, includingbut not limited to income from all pension, profit sharing or retirementplans, of whatever nature;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties and any specialcircumstances of the family;

5. The extent to which the age, physical or mental condition or specialcircumstances of any child of the parties would make it appropriate that aparty not seek employment outside of the home;

6. The contributions, monetary and nonmonetary, of each party to thewell-being of the family;

7. The property interests of the parties, both real and personal, tangibleand intangible;

8. The provisions made with regard to the marital property under 20-107.3;

9. The earning capacity, including the skills, education and training of theparties and the present employment opportunities for persons possessing suchearning capacity;

10. The opportunity for, ability of, and the time and costs involved for aparty to acquire the appropriate education, training and employment to obtainthe skills needed to enhance his or her earning ability;

11. The decisions regarding employment, career, economics, education andparenting arrangements made by the parties during the marriage and theireffect on present and future earning potential, including the length of timeone or both of the parties have been absent from the job market;

12. The extent to which either party has contributed to the attainment ofeducation, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as arenecessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving ordenying a request for spousal support shall be accompanied by writtenfindings and conclusions of the court identifying the factors in subsection Ewhich support the court's order. If the court awards periodic support for adefined duration, such findings shall identify the basis for the nature,amount and duration of the award and, if appropriate, a specification of theevents and circumstances reasonably contemplated by the court which supportthe award.

G. For purposes of this section and 20-109, "date of separation" meansthe earliest date at which the parties are physically separated and at leastone party intends such separation to be permanent provided the separation iscontinuous thereafter and "defined duration" means a period of time (i)with a specific beginning and ending date or (ii) specified in relation tothe occurrence or cessation of an event or condition other than death ortermination pursuant to 20-110.

H. Where there are no minor children whom the parties have a mutual duty tosupport, an order directing the payment of spousal support, including thoseorders confirming separation agreements, entered on or after October 1, 1985,whether they are original orders or modifications of existing orders, shallcontain the following:

1. If known, the name, date of birth and social security number of each partyand, unless otherwise ordered, each party's residential and, if different,mailing address, residential and employer telephone number, driver's licensenumber, and the name and address of his employer; however, when a protectiveorder has been issued or the court otherwise finds reason to believe that aparty is at risk of physical or emotional harm from the other party,information other than the name of the party at risk shall not be included inthe order;

2. The amount of periodic spousal support expressed in fixed sums, togetherwith the payment interval, the date payments are due, and the date the firstpayment is due;

3. A statement as to whether there is an order for health care coverage for aparty;

4. If support arrearages exist, (i) to whom an arrearage is owed and theamount of the arrearage, (ii) the period of time for which such arrearage iscalculated, and (iii) a direction that all payments are to be credited tocurrent spousal support obligations first, with any payment in excess of thecurrent obligation applied to arrearages;

5. If spousal support payments are ordered to be paid directly to theobligee, and unless the court for good cause shown orders otherwise, theparties shall give each other and the court at least 30 days' written notice,in advance, of any change of address and any change of telephone numberwithin 30 days after the change; and

6. Notice that in determination of a spousal support obligation, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw.

(1982, c. 309; 1984, c. 456; 1988, c. 620; 1994, c. 518; 1998, c. 604; 2003,c. 625.)