Q: Buying a house in my name while separated.
My wife and I are currently separated
and she is living in her parents house with our child. If she does not want to move and I do not want to go back to her parents house to live and I buy a new house with a mortgage would that be taking into account if she files for alimony? Meaning because I have to pay a mortgage would that be taking into consideration as far as alimony is concerned. Would the alimony amount be reduced knowing I have my own mortgage payment and she is unwilling to move out of her parents house?
A: When the court makes an award of spousal support, they take into account the payer's ability to pay and the payee's need. To do this they typically take into consideration each party's monthly income and expenses. So your mortgage and/or rent payment would be included in the expenses you have each month.
Matthew Lane Kreitzer agrees with this answer
A:
Temporary spousal support is frequently based upon a formula. All child support is initially calculated on a formula. The formula in both instances uses gross incomes.
Permanent/post-divorce spousal support is based upon the needs of the payee and the ability to pay of the payor. See the factors listed in Va. Code 20-107.1.
If her parents are providing her housing at no charge, then she has reduced need for spousal support. If you are paying a mortgage for a housing consistent with the marital lifestyle, then that reduces your ability to pay spousal support.
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