Temporary Alimony Lawyer New Kent County, VA
You are in the middle of a divorce or separation in New Kent County, and you worry about how you will get by month to month. Temporary alimony—pendente lite spousal support—is what a Virginia court can order now, while your case is pending. Mr. Sris and the firm’s Of Counsel attorneys handle temporary alimony matters for spouses in New Kent County, Providence Forge, and Quinton. To request a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Temporary Alimony Works in New Kent County, Virginia
In every Virginia divorce, the court may order one spouse to pay the other maintenance and support while the case is going forward. This is temporary alimony under Va. Code § 20-107.1. The purpose is to keep the financial status quo as much as possible until a final decree can be entered. In New Kent County, these requests are heard in the New Kent County Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution under Va. Code § 20-96. A pendente lite motion brings the issue before the judge, who considers thirteen statutory factors—including the needs of the requesting spouse, the other spouse’s ability to pay, and the standard of living established during the marriage.
If you need support before the final divorce, the court can require payment to cover immediate living expenses, educational costs for minor children, and attorney fees necessary to continue the litigation. The order lasts only until a final decree or further court order, so it is not a substitute for permanent spousal support. Our firm works with New Kent County clients to build a thorough factual record under the factors in § 20-107.1, whether you are seeking support or responding to a request. The result depends on the unique facts of each case.
Frequently Asked Questions
What is temporary alimony in Virginia?
Temporary alimony, also called pendente lite spousal support, is court-ordered financial support during a divorce proceeding, designed to maintain the receiving spouse’s economic status until a final resolution. Unlike permanent spousal support, which may be awarded at the end of a divorce, temporary alimony can be requested as soon as a divorce or separate maintenance action is filed. The New Kent County Circuit Court applies the same thirteen statutory factors used for permanent spousal support under Va. Code § 20-107.1. The order typically remains in effect until the final divorce decree or until modified by the court.
How do I get temporary alimony in New Kent County?
You request temporary alimony by filing a pendente lite motion with the New Kent County Circuit Court after the divorce or separate maintenance complaint has been filed. The motion asks the court to schedule a hearing on an expedited basis. During the hearing, you present evidence on your immediate financial needs, your spouse’s ability to pay, and any other relevant factors under Va. Code § 20-107.1. The court may also consider temporary custody and child support at the same hearing. Because New Kent County is a smaller jurisdiction with a single Circuit Court, the judge’s calendar may affect how quickly the hearing is set.
What factors does the court consider for temporary alimony?
Virginia courts use the thirteen statutory factors in Va. Code § 20-107.1, including each spouse’s income, earning capacity, age, physical condition, the duration of the marriage, and the standard of living during the marriage. The judge also looks at each party’s financial resources and obligations, the contributions of each spouse to the family, and any history of fault. While pendente lite orders are temporary, the court takes these factors seriously because the support awarded now can shape the final spousal support determination.
Can I get temporary alimony if I have a job?
Yes, even if you have income, you may still qualify for temporary alimony if your spouse’s income is significantly higher and you cannot maintain the marital standard of living on your own. The court focuses on the needs of the requesting spouse and the other spouse’s ability to pay, not just on whether the requesting spouse is completely without resources. For example, a spouse who left the workforce to raise children may need temporary support to cover housing and daily expenses while reentering the job market. The New Kent County Circuit Court will evaluate your specific situation.
How long does temporary alimony last?
Temporary alimony typically lasts from the date of the pendente lite order until the final divorce decree, or until the court modifies or terminates the order earlier. If circumstances change during the divorce, either spouse may file a motion to modify the amount. Once the final divorce decree is entered, the pendente lite order ends, and the decree’s permanent spousal support provisions take over. In some cases, the temporary alimony order may be extended if an appeal is filed.
Can I appeal a temporary alimony order in Virginia?
Generally, a pendente lite order is not immediately appealable as a final order, but you may be able to seek review under certain limited circumstances. Because these orders are interlocutory—meaning they do not finally dispose of the case—direct appeal is not automatic. A motion to reconsider or a later challenge as part of an appeal of the final divorce decree may be options. The specific procedural path depends on the language of the order and the grounds for challenge.
What if my spouse refuses to pay temporary alimony?
If a court-ordered pendente lite spousal support obligation is not paid, you can file a show cause motion for contempt in the New Kent County Circuit Court. The court can enforce the order through contempt remedies, which may include a monetary judgment for the arrears, attorney fees, and in some cases additional sanctions. Prompt enforcement is important because arrearages can accumulate quickly. The court may also modify other orders or impose conditions on the non-paying spouse.
Do I need a lawyer for a temporary alimony motion in New Kent County?
While you are not required to have an attorney, handling a pendente lite motion without counsel can be challenging because the hearing requires careful presentation of financial evidence and legal argument. The thirteen statutory factors under Va. Code § 20-107.1 must be supported by proper documentation. An attorney can help you gather financial records, draft the motion, present your case effectively, and cross-examine your spouse. In New Kent County, where the Circuit Court is familiar with the firm’s attorneys, having counsel can help the process move more smoothly.
How much does it cost to hire a temporary alimony lawyer in New Kent County?
Fees vary based on the complexity of your case, the amount of discovery required, and whether the motion is contested. A straightforward pendente lite motion with an agreed-upon financial picture typically costs less than a heavily contested one involving business valuation or hidden income. At Law Offices Of SRIS, P.C., consultations are available by appointment. Contact us at (888) 437-7747 to discuss your situation and learn more about how we handle temporary alimony matters in New Kent County.
Can temporary alimony be modified in New Kent County?
Yes, the court can modify a pendente lite order upon a motion showing a material change in circumstances while the divorce is pending. For instance, if the paying spouse loses a job or the receiving spouse’s financial needs change significantly, the court may adjust the amount. The motion is filed with the same New Kent County Circuit Court and usually requires a hearing. The standard is the same as for modification of a permanent spousal support award, based on the factors in § 20-107.1.
How does fault affect temporary alimony?
Fault may be considered as one of the thirteen factors under Va. Code § 20-107.1, and can influence the amount and duration of temporary alimony. Virginia is not a pure no-fault spousal support state. The court can weigh circumstances surrounding the grounds for divorce, including adultery or cruelty. However, fault is just one factor; the court must balance all thirteen, with primary emphasis on financial need and ability to pay. In New Kent County, the judge has discretion to weigh fault as they see appropriate in light of the full record.
Where are temporary alimony hearings held in New Kent County?
All New Kent County temporary alimony hearings take place at the New Kent County Circuit Court, 12001 Courthouse Circle, New Kent, VA 23124. Virginia’s circuit courts have exclusive original jurisdiction over divorce and spousal support matters. The Honorable Wade A. Bowie is the presiding judge. No separate family court exists in New Kent County; all divorce‑related matters, including pendente lite motions, are heard in this single courthouse. Our Richmond location represents clients at this court.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on family law matters in Virginia, including spousal support litigation in New Kent County. He is a former prosecutor and has practiced since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised Virginia’s equitable distribution statute. The firm’s Of Counsel attorneys bring extensive combined legal experience. They appear with Mr. Sris in New Kent County courts, and each is admitted to practice in Virginia. Results may vary. For a consultation about temporary alimony in New Kent County, call (888) 437-7747.
For a full statutory breakdown of Virginia spousal support law, see our comprehensive analysis at srislawyer.com.
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