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Spousal Support - Commonwealth of Virginia

Discussion in 'Alimony & Spousal Support' started by WizRulz101, Jan 27, 2021.

  1. WizRulz101

    WizRulz101 Law Topic Starter New Member

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    Jurisdiction:
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    Hello,

    I was hoping for someone to answer this easy question.

    In my separation agreement, it states spousal support will be paid for a certain period of time. I was married for 16 years, and we were told 8 years would be your normal spouse support time, so it basically states the date it will end.

    My ex will be getting remarried later this year. Since their isnt really any verbiage about getting remarried ending support, do I have a chance on getting spousal support removed after she is officially is married ?

    Thanks
    Jason
     
  2. army judge

    army judge Super Moderator

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    Maybe yes, maybe no.

    I suggest you speak with your lawyer involved in advising you during your divorce, otherwise most attorneys offer a free consultation.
     
  3. Zigner

    Zigner Well-Known Member

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    Notice the use of the word "shall" below. You will need to go back to court to have it terminated.

    § 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement.
    A. Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.

    (§ 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement)
     
    WizRulz101 likes this.
  4. WizRulz101

    WizRulz101 Law Topic Starter New Member

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    My divorce attorney retired, so I appreciate the feedback from my post. I know at one time, a discussion came up about "Modifiable" vs "Non-Modifiable" language, so I hope the 20-109 will give the judge the assistance in terminating the spousal support.
     
  5. Zigner

    Zigner Well-Known Member

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    You can expect to face arguments as to why it should not be terminated, as noted in the code section I cited. You may wish to find another attorney. Perhaps your former attorney can refer you to someone...
     
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  6. zddoodah

    zddoodah Well-Known Member

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    Who are we? Told by whom? Are you saying that the same source provided this information to both you and your ex-wife?

    Why not? Failure to include a provision to that effect in a divorce agreement is arguably malpractice, unless the failure to include was the result of negotiation.

    No one here can intelligently say that you have NO chance, so it is a necessary conclusion that you have some chance. Determining how good of a chance will require consultation with a local family law attorney who can review your agreement.
     
  7. WizRulz101

    WizRulz101 Law Topic Starter New Member

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    I got a recommendation from previous attorney, but cant get appointment for another week or so. From the comments above, seems like I have a good chance to make the argument in court after she gets remarried based on 20-109 Zigner posted in the comment. I wanted to see if I had any chance to remove it .. I found something that stated settlement agreement have to state if they are modifiable or non-modifiable.
     

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