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Because each state enacts and enforces its own alimony laws -- each with varying observations of jurisprudence--states such as Virginia were without alimony laws until 1980. Currently, Virginia law recognizes that married couples are financially responsible for each other, classifying alimony as any one of the following: "pedente lite" alimony, rehabilitative alimony, or permanent alimony. - "Pedente lite" alimony is alimony that is paid while a couple is separated and awaiting a divorce decree. "Pedente lite" alimony is also referred to as temporary alimony. Consequently, it is designed to provide the dependent spouse with financial support to meet necessary and established expenses until rehabilitative or permanent alimony is established through the divorce. "Pedente lite" alimony is determined by assessing the dependent spouse's needs, the supporting spouse's means, and the amount of money that was necessary to live as a married couple. To apply for "pedente lite" couples should first decide if they can reach an agreement without the participation of the court. They should divide up the expenses and then determine a monthly amount to be paid. The next step involves drafting an agreement that outlines specifically the amount of alimony that will be paid, for what it will be paid, and how it will be paid such as check or bank transfer. It may be necessary to obtain a lawyer to review the terms of the agreement and ensure impartiality Finally, both parties should bring the agreement to the court to be signed by a judge.
- Rehabilitative alimony seeks to prepare the dependent spouse for life without alimony. Under this arrangement, alimony may be provided to a spouse to return to school or open a business. Rehabilitative alimony is often awarded to homemakers with no substantial employment history or skills set. It is important to note that rehabilitative alimony is short-term and not meant to be permanent. Thus, the dependent spouse seeking rehabilitative alimony should, first, outline a plan to return to work and become self-supporting. It is important to note that this type of alimony may be easier to obtain and without the stress and time that permanent alimony imposes. Secondly, the supporting spouse should review carefully the details of the plan and schedule time to discuss the plan with the supporting spouse. Have a lawyer review the agreement, if possible. If the plan is fair and both parties agree to it, it should be taken to the court for a judge's signature.
- Under the terms of permanent alimony, a spouse may be entitled to receive financial support until their death. In fact, according to the Maddox Law Firm in Vienna, Virginia, Virginia is one of the few states that still offers permanent alimony. In determining permanent alimony, the Virginia courts will consider the following: the needs and financial resources of the parties, lifestyle during the marriage, length of the marriage, age of the individuals, mental and physical condition of the individuals, and the education and earning capacity of both parties. Generally, permanent alimony is difficult to secure unless the dependent spouse is close to retiring or unable to provide their own support through a disability. Because of the longevity and complexity of a permanent alimony arrangement, it is best to go before a judge to ascertain its legitimacy.
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