Alimony, or spousal support as it is called in Virginia, is a complex calculation based on a number of factors, such as the age of the parties, their physical and mental condition, education, employment, the length of the marriage, and the standard of living during the marriage. Virginia includes most sources of income when calculating spousal support. Disability payments are considered income, just as employment is, for the purposes of determining spousal support. One factor in your case may be whether the disability ratings are total or partial, and whether they are permanent. Also, disability alone in Virginia is not necessarily enough to convince a court that you or your wife are unable to work. Many people who are disabled have continued to work in some capacity, and the court will consider that employment history. You should discuss the situation with an attorney prior to signing any agreement, because spousal support is a very complex issue in Virginia.
