Spousal support disputes occur frequently, especially in contentious and high-net-worth divorces. Randall J. Borden, Attorney at Law has earned a reputation for skill and compassion among clients throughout Virginia. He is well-prepared to offer knowledgeable legal counsel and sound representation regarding spousal support (alimony) disputes when you need it most. Contact our office in Fairfax to discuss your options comfortably and confidentially.
Understanding Spousal Support
Spousal support may play a crucial role in divorce proceedings. In some cases, couples can agree that a reasonable amount of spousal support can be paid by the higher-earning spouse to the lower-income spouse as a way of leveling the playing field. Nonetheless, we know that many divorcing couples are resentful and vitriolic about other matters that led to the divorce and will try to make negotiations as contentious as possible. In any case, it’s essential to have an experienced divorce attorney like Randall Borden to do the heavy listing.
He has an exceptional track record of calming the waters and working through even the most confrontational issues with aplomb. Randall Borden is often able to convince the judge, and sometimes the opposing party, that the lower-earning spouse should be able to maintain a similar standard of living to the one the couple enjoyed during the marriage.
Factors Considered in Making the Final Decision
Randall Borden analyzes the following factors since he is aware that the judge will consider these factors as well:
- Each spouse’s financial assets, and income. All of this must be confirmed by a Financial Disclosure Affidavit, as well as tax returns, pay stubs, banking accounts, and investment statements.
- Each spouse’s outstanding debts for homes, vehicles, healthcare, insurance, and childcare costs.
- Unusual expenses for physical, mental, or psychological challenges.
- Contributions, both financial and non-financial, made by each spouse to the home. For example, while one spouse may have paid the down payment on the home, the other may have built the attic or garage. While one may have paid the mortgage payments, for years, the other may have handled all cleaning, cooking, washing, and landscaping chores.
Randall Borden will have all your bases covered when it comes to sharp calculations and fair negotiations to arrive at a realistic fair resolution of the spousal support dispute.
Causes of Spousal Support Disputes
There are several reasons for spouses to bicker about spousal support, including:
- The paying party may offer temporary spousal support, or limited rehabilitative support while the receiving party may insist that they deserve permanent support because the marriage was long or a lump sum payment because they have a great deal of debt.
- One spouse may argue that having spent long years supporting the household while their partner finished college or rose to an executive position in their company, it is now their turn to grow and accumulate wealth.
- Recent circumstances of one spouse may have increased an urgent need for resources due to an injury or serious illness, loss of employment, or other financial disaster, or have made it impossible for the other spouse to pay the agreed-upon amount of spousal support regularly.
- Those who have signed prenups may claim that they were coerced into signing the restrictive document or that they didn’t understand all aspects of what benefits they thoughtlessly signed away.
How Spousal Support Disputes Are Best Resolved
As with so many familial disputes, spousal support disputes are best handled transparently, in the bright light of day. Once everyone’s cards are on the table, all sides seem to become more amenable to compromise. Randall Borden is adept at negotiation, is fluent in legalese, and has a superior understanding of Virginia law.
Negotiation
Negotiation is a direct way for parties to reach an agreement but it is still critical to have informed representation to ensure that your rights and interests are adequately represented and that the solution you agree to is fair and equitable.
Mediation
Mediation involves a neutral third party who is specially trained to help both spouses find common ground. As a nonadversarial approach, mediation often leads to more amicable settlements. It is always wise, however, to check the agreements you come to in mediation with your attorney to make sure you haven’t missed a possible pitfall.
Courtroom Trials
When spousal support disputes cannot be resolved through negotiation or mediation, your case may have to go to trial. In court, a judge will decide the terms of spousal support, resolving the issue. Although the judge will make the final decision, having Randall Borden on your side carries weight. He has a comprehensive grasp of Virginia law and the ability to provide compelling courtroom evidence that will hopefully persuade the judge to decide the case in your favor.
Contact Our Fairfax Spousal Support Dispute Lawyer
Randall Borden is an intelligent lawyer with a wealth of experience in the region. Navigating spousal support disputes requires a wide-ranging knowledge of Virginia divorce law. It also requires a strategic approach to legal advocacy. With 30 years of experience in family law, Randall Borden has both. Contact our office today.