Richmond, VA asked in Divorce and Family Law for Virginia

Q: Temporary Alimony while separated

If my wife files for temporary alimony while we are separated do most courts grant this? What if any are the factors that are used to determine if temporary alimony would be granted. Or does the judge just simply use a formula to determine the amount. I was asked to leave the residence but I did not want to.

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2 Lawyer Answers

A: If your wife can demonstrate a need for support, she will likely get it pendent lite. The state has spousal support guideline that some of the courts will use to determine this temporary support. It depends on which court you are in as to whether they follow the guidelines or not.

A: Va. Code 20-103 provides for temporary, or pendente lite, support. It is granted where the income disparities are sufficient, i.e., if your incomes are about the same there should be no spousal support absent extraordinary circumstances.

There is a formula used in all JDR courts and some circuit courts.

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