SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1997 SESSION

  • | print version

HB 2131 Spousal support; rehabilitative alimony.

Introduced by: William S. Moore, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Spousal support; rehabilitative alimony. Grants authority to the courts to award spousal support to be paid in periodic payments for a specified duration and to reserve to a party the right to receive support in the future. A reservation of the right to support is presumed under the bill to continue for a period of time equal to half the duration of the marriage (the time between the date of the marriage and the date of separation). The factors to be considered by the court in making any award or modifying an award of support are modified and expanded to include, for example, consideration of each party's contribution to the education of the other, access to educational and job training opportunities, and the effects of decisions made during the marriage on a party's prospective earning capacity. The factors relied on by the court must be stated in the award.

The bill includes presumptions relating to support derived from the duration of the marriage. If the marriage lasted less than 5 years, it is presumed that periodic support for a specified duration and/or a lump sum payment is appropriate; if the marriage lasted 5 to 20 years, no presumption arises; and if the marriage lasted 20 years or more, it is presumed that periodic payments for an undefined duration is appropriate.

Awards made for a defined duration may be modified only during the term of the award if the court finds that (i) a material change of circumstances has occurred which could not reasonably have been anticipated at the time the award was entered or (ii) an anticipated event upon which the award was based has not occurred through no fault of the party seeking modification.

The bill applies only to initial actions filed on or after July 1, 1997, or to actions to modify an award entered in a case filed initially on or after that date.


FULL TEXT

HISTORY