If you are getting divorced, you may be entitled to spousal support, depending on your need for support, your husband's ability to pay and each of your monthly incomes. I would suggest that you gather evidence of your incomes and consult reputable local counsel to assess your request for spousal support.
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When determining spousal support, the court will look at several factors and one of the significant factors is the parties respective income. Under the Virginia Code, money that is received from a retirement account is considered income. As such, his retirement money would be analyzed by the court for the purpose of configuring a spousal support amount. If you are in the process of separation or divorce, it would be best to consult reputable counsel for more information.
Please remember I cannot offer you any legal advice specific to your case without a thorough review of your case history. This answer in no way establishes an attorney-client relationship.
You will definitely want to consult with a local attorney but, post-retirement, the money he pays you may be more properly categorized as equitable distribution than alimony if he is already in pay status and it may not be taxable.
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