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Am I entitled to monthly alimony from husband if he retired before we meet if we were to divorce?

Fredericksburg, VA |

My husband retired before we meet and he receives a monthly retirement check. We moved to Virginia from Florida so he could get a better paying with the government. I took a requested layoff in Florida so we could move and now I make half the money I make in Florida.

Attorney Answers 3


  1. 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.

    Please remember that if you find an answer particularly helpful, we appreciate you marking it as "best answer" or helpful so that the attorneys who volunteer their time to answer these questions have feedback. I cannot offer you any legal advice. No attorney can offer you legal advice specific to your case without a thorough review of your case history and the formation of an attorney-client relationship. This answer in no way establishes an attorney-client relationship. The Virginia State Bar offers a lawyer referral service at http://www.vsb.org/vlrs/.


  2. 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.


  3. 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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