Can I receive spousal support prior to a final settlement or court date in my case?
Yes. Virginia permits pendente lite spousal support to be awarded. Pendente lite spousal support is a temporary support amount which will be effective until a final disposition in the case. The parties can jointly agree to an appropriate amount, or the court can make that determination based on the respective incomes of the parties. If you cannot agree to an amount of pendente lite spousal support, each spouse will be required to prepare a monthly income and expenses statement which reflect’s their monthly income and expenses. The court will then make an award of spousal support, if appropriate, based on the demonstrated need of one spouse and the ability of the other spouse to pay support to meet that need on a temporary basis. The Fairfax County courts use a formula based solely on the parties’ respective incomes as a guideline to help the judge decide what an appropriate amount of temporary spousal support would be. The Fairfax formula is: 30% of the payor’s gross monthly income, le
