Is it possible to get unallocated spousal support in a divorce settlement in the state of VA?

Full question:

Is it possible to get unallocated spousal support in a divorce settlement in the state of VA?

  • Category: Divorce
  • Subcategory: Alimony
  • Date:
  • State: Virginia

Answer:

It is possible to have an unallocated support order in Virgina. Unallocated family support is deductible from the payor's income and taxed to the payee, whose income is generally taxed at a lower tax bracket, creating savings for the entire family. If a judge orders maintenance and child support to be paid, only the maintenance is tax deductible, resulting in less of a tax savings to the overall family unit. An unallocated spousal and child support order will be favored by the payor because the payor will be eligible to deduct the entire monthly amount paid for federal income tax purposes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, you can seek spousal support without filing for divorce, as support can be requested during a separation. However, a court will typically require a divorce filing to formalize any support arrangements. It's advisable to consult with an attorney to understand your rights and options during separation.