I Make More Than My Spouse. Will I Have to Pay Spousal Support?

Posted by Anneshia Miller Grant, Esq.Feb 03, 20240 Comments

In Virginia, spousal support, also known as alimony, may be awarded based on various factors, including the financial needs of one spouse and the ability of the other spouse to pay. When determining spousal support, the court considers the income and earning capacity of both spouses. If one spouse is unemployed or underemployed, the court may impute income to that spouse.

Imputing income means assigning a potential income to a spouse based on factors such as their education, work history, skills, and the job market. The court may impute income if it believes that the spouse is voluntarily unemployed or underemployed and has the ability to earn more. This is done to ensure that the spouse seeking support is not unfairly taking advantage of the situation.

It's essential to provide evidence and arguments to support or challenge the imputation of income during legal proceedings. Factors such as health, age, and the availability of suitable employment opportunities are considered in this process.

At AMG LAW, we can assist you in developing a winning strategy for your divorce, whether you are the spouse paying support or the spouse who needs support. 

It's crucial to consult with a family law attorney in Virginia who can assess your specific circumstances and provide guidance based on the latest legal standards and regulations. The experienced attorneys at AMG LAW can help you navigate the legal process and ensure that your rights and interests are protected.