By: Anne L. Roddy Takeaway points: If you want spousal support to be non-modifiable, state that affirmatively in your agreements. After the Stubblebine ruling, practitioners were unsure when a client could retire. Effective July 1, the answer is at maximum social security age (currently 67), and that age is a material change in circumstances sufficient to motion to modify support. Spousal Support in…
The stress of war takes its toll on even the most prepared service men and women and their spouses. Sadly, many of them find upon returning from an extended deployment (like those increasingly common for soldiers stationed in Iraq and Afghanistan) that their marital relationships have suffered irreparable damage in the interim. Sometimes the damage comes from the lengthy separation…
Uncontested divorce may have many benefits, including reduced conflict and cost. Two options include mediation and collaborative law. No divorce is ever easy, no matter how quick the process or amicable each party is. However, some divorces are easier than others. This may be true for Virginia residents who are able to have an uncontested divorce. Also known as amicable…
Judicial exceptions to protective orders
On behalf of Edward Barnes Alimony will no longer be deductible for future divorces starting in 2019. It will probably take years to completely understand all the impacts of the massive federal tax bill signed last year. But one little provision could have potentially significant negative repercussions for divorce negotiations and future alimony recipients. Current tax treatment of spousal support…
When Virginia couples divorce, their marital assets and property are divided based on a number of factors, and each spouse may not receive an equal share. In 2013, there were 29,465 divorces in the state of Virginia, according to the state’s Department of Health. Among the issues that couples must settle before they are able to move on with their…
On behalf of Edward Barnes Significant legislation gives state judges new power in spousal support orders to require life insurance protections for recipients in certain circumstances. After a long and careful legislative process, the Virginia legislature passed an important law that gives a state court the power to order a life insurance policy to, in essence, insure that resources would…
Retirement accounts are often one of the largest assets to divide in a divorce. Make sure that you divide them properly. Are you concerned about how your divorce will affect your financial future? Are some of your largest assets, after the equity in your home, retirement accounts? Your retirement accounts may not be assets that you think about frequently. Automatic…
A recent case provides an example of grandparent’s rights in child custody cases in Virginia. Raising a child is no easy task. This is particularly true when the parents are not in agreement over the best way to raise the child. In some cases, the dispute can reach past the nuclear family unit and impact extended relations, like grandparents. A…
Virginia law about spousal maintenance is relatively complex, with recent reforms. Virginia lawmakers amended spousal maintenance laws in 2018 to address the issue of ex-spouses paying alimony into retirement years, which has been a hot issue for men’s rights advocates. These changes modify a Virginia alimony system that retains some traditional aspects related to the impact of marital fault on…
