As readers of this blog know, we have explored our state’s spousal support system over the last few months. This is a particularly complicated issue for Alexandria, Virginia, high-asset divorces as their marital estate is often much larger and more complicated. Finally, this is the final part of this three-part series, but we will, of course, post on additional Virginia spousal support topics in the future. In this post, we focus on when spousal support is not modifiable.
Context
As a reminder, Virginia does award spousal support (also called alimony), but it is only awarded in two instances. First, it is only awarded when it is absolutely necessary, which is based on Virginia Code, Section 20-107.1. And, second, it is only awarded if the receiving spouse did not cause the marriage disillusion, so if a spouse cheated, it is unlikely that the spouse will receive alimony.
When spousal support is not modifiable
The final topic we will cover in this three-part series is when Alexandria, Virginia, spousal support is not modifiable. If the spousal support is pursuant to an agreement executed before July 1, 2018 (not a judge’s order), and that agreement does not provide for modification, the spousal support is not modifiable.
However, even agreements executed after July 1, 2018, can also be unmodifiable. They need only specifically state that the spousal support contained within the agreement is not modifiable. This is why it is so important for those thinking about divorce, going through a divorce or entering into an agreement that includes spousal support to consult with an attorney.
Otherwise, all spousal support is modifiable. And, there need only be a material change in circumstances to justify such a modification.
