Ruckersville, VA asked in Divorce and Family Law for Virginia

Q: Currently in VA and separated from wife since Feb 2023. What am I financially responsible for, for wife during separatio

currently the main provider for kids in the home. Wife lives in basement currently separated. She is asking for me to pay her out of network therapy bills. What am I financially responsible for specifically for my wife during this separation period.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Each spouse has a duty of support to the other. Every parent has a duty of support to his or her minor children, or adult children unable to live independently.

While the Virginia Court of Appeals has recognized that spouses may live separate and apart under the same roof in Bchara v. Bchara, in certain circumstances, that concept is not as equally welcomed in all jurisdictions. Generally, in central Virginia, a spouse or parent will be challenged to obtain court-ordered support while they live under the same roof. Nevertheless, a spouse or parent should not let their spouse or minor child suffer from a lack of necessities in Virginia, consistent with the standard of living established during the marriage or childhood of the minor child.

Anyone facing a support issue in Virginia should consult with an experienced Virginia family law attorney.

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