Indefinite Alimony Lawyer Virginia Beach, VA
You have given decades to a marriage, perhaps raising children and supporting a spouse’s career. Now, as the relationship ends, the financial picture is terrifying. You may wonder how you’ll maintain your standard of living, whether you’ll ever be able to retire, and what a court will decide about ongoing spousal support. An award of indefinite alimony—financial support that has no fixed end date—can be the single most consequential part of a Virginia divorce. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel bring extensive combined legal experience to these high-stakes determinations in Virginia Beach. Call (888) 437-7747 to request a consultation and understand what a Virginia Beach indefinite alimony lawyer can do for you.
Strategy Options for Indefinite Alimony
A spouse seeking indefinite support under Va. Code § 20‑107.1 faces a deliberately high bar. The recipient must show that they are unable to be self‑supporting—a standard that often involves age, health, disability, or a lengthy absence from the workforce. The strategies available depend on which side of the case you are on. For the party requesting support, building a comprehensive financial picture, documenting medical limitations, and, where appropriate, retaining vocational and medical experts are critical. For the party who may be asked to pay, the focus shifts to establishing the other spouse’s actual earning capacity and the realistic cost of living.
Mr. Sris and his Of Counsel work to position each case to present a clear, evidence‑driven narrative of need or ability. They negotiate separation agreements that include detailed spousal‑support provisions and, when an agreement cannot be reached, litigate the issue in the Virginia Beach Circuit Court. The goal is a resolution that reflects the statutory factors—including the duration of the marriage, the standard of living established during it, and the contributions each spouse made—without unnecessary courtroom expense.
What to Expect When Pursuing or Defending an Indefinite Alimony Claim
Indefinite alimony matters in Virginia Beach are heard by the Circuit Court at 2425 Nimmo Parkway, Building 10B. The process typically begins with a complaint for divorce that includes a request for spousal support. Early in the litigation, a pendente lite hearing can establish temporary support and, in some cases, exclusive use of the marital home while the final hearing is pending. Discovery—exchanging financial documents, interrogatories, and depositions—is often the most labor‑intensive phase and directly shapes the outcome.
At trial, the court examines the thirteen statutory factors listed in Va. Code § 20‑107.1. No single factor is dispositive; the judge weighs the evidence holistically. Common points of dispute include the recipient’s actual work history, the cost and feasibility of retraining, and whether a health condition rises to the level of preventing self‑support. After the order is entered, either party may seek modification if there is a material change in circumstances—such as a significant change in income or the remarriage of the recipient.
What Happens If an Alimony Obligation Is Not Met
When a court‑ordered spousal‑support payment is not made, the receiving spouse has enforcement tools available. The Virginia Beach Juvenile and Domestic Relations District Court has jurisdiction over support enforcement actions. Common remedies include a show‑cause contempt proceeding, which can result in a judgment for arrearages, wage garnishment through an income deduction order, and, in some cases, suspension of a professional or driver’s license. The court may also award attorney fees and interest on the unpaid balance. Mr. Sris and his Of Counsel represent both payors seeking to modify or defend against an enforcement action and payees seeking to collect what is owed.
Because enforcement and modification actions involve strict procedural timelines and evidentiary requirements, representation by an experienced Virginia Beach family law attorney can materially affect the outcome—whether you are trying to compel payment or you are the one facing a contempt citation.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is a former prosecutor, which gives him an insider’s understanding of how evidence is developed and cross‑examined—a skill that translates directly to the contested fact patterns common in spousal‑support litigation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). That bill later became the amendment to Va. Code § 20‑107.3, the commonwealth’s equitable distribution statute. The Of Counsel team includes attorneys with extensive backgrounds in family law, and collectively Mr. Sris and his Of Counsel have handled complex divorce and support matters across the Hampton Roads region, including Virginia Beach, Sandbridge, and Oceana. Their combined experience provides a steady, practical approach to indefinite‑alimony cases—whether you are the party who needs support or the one asked to pay it.
Frequently Asked Questions About Indefinite Alimony in Virginia Beach
What does “indefinite alimony” actually mean in Virginia?
Indefinite alimony is spousal support paid for an indefinite duration—there is no set end date—and it is awarded only when the court finds the recipient cannot reasonably become self‑supporting. Virginia law reserves this form of support for spouses who, because of age, physical or mental health, lack of marketable skills, or a long absence from the workforce, cannot support themselves even after a reasonable period of training or job‑seeking. The duty to pay typically ends upon the death of either party, the remarriage of the recipient, or, in some cases, cohabitation in a relationship analogous to marriage, though each situation is different.
How does a Virginia Beach judge decide whether to award indefinite alimony?
The judge applies the thirteen factors in Va. Code § 20‑107.1, giving careful attention to the recipient’s earning capacity, the standard of living established during the marriage, and each spouse’s financial resources and needs. The court also considers the length of the marriage, the contributions each spouse made to the family and to the other spouse’s earning ability, and the physical and mental condition of each party. Because the decision is so fact‑specific, having a detailed financial presentation and, when needed, experienced attorney vocational or medical testimony can strongly influence the outcome.
Can an indefinite alimony award ever be changed later?
Yes—an indefinite support award can be modified if the party seeking the change proves a material change in circumstances that was not reasonably foreseeable at the time of the original order. Examples include a substantial, involuntary loss of income by the payor, the recipient achieving the ability to be self‑supporting through education or employment, or the recipient’s remarriage. The party asking for modification must return to the Virginia Beach Circuit Court and carry the burden of proof.
What if my ex‑spouse stops making the required payments?
You can file an enforcement action—often a rule to show cause—in the Virginia Beach J&DR District Court or the Circuit Court that issued the order. The court can order the arrearages to be paid, garnish wages through an income deduction order, suspend a driver’s or professional license, and, in some cases, hold the non‑paying party in contempt, which may carry additional sanctions. Acting promptly is important; the longer arrearages accumulate, the harder they can be to collect.
Do I really need a lawyer for an alimony dispute in Virginia Beach?
While you are not required to have an attorney, the complexity of proving or challenging an indefinite‑alimony claim makes knowledgeable representation extremely valuable. The thirteen statutory factors require a careful marshaling of financial records, tax returns, employment documentation, and often experienced attorney opinions. Additionally, settlement negotiations and courtroom procedure involve strategic decisions that can affect the outcome for years to come. Mr. Sris and his Of Counsel handle these cases regularly and can provide the advocacy you need.
Where do I go from here?
Request a consultation with a Virginia Beach indefinite alimony lawyer at Law Offices Of SRIS, P.C. by calling (888) 437‑7747. During the appointment, you can discuss the specifics of your marriage, your financial situation, and what a realistic support outcome might look like. Whether you are seeking indefinite support or are the party who may be asked to pay, understanding your position early is the first step toward a solution.
For a more detailed statutory analysis of Virginia’s spousal‑support framework, visit our comprehensive guide on srislawyer.com.
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
By appointment only. Call (888) 437-7747
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.