Can I receive unallocated spousal support in a Virginia divorce settlement?

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:

In Virginia, it is possible to have an unallocated support order. Unallocated family support combines spousal and child support into one payment. This arrangement allows the payor to deduct the entire amount from their taxable income, while the payee typically pays taxes at a lower rate. This can result in overall tax savings for the family. If a judge orders separate maintenance and child support, only the maintenance portion is tax deductible, which may lead to less tax savings for the family unit. Therefore, an unallocated support order is generally more favorable for the payor.

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.