Modification of Spousal Support: Modification When Written Agreement is Silent

Spousal support helps you get back on your feet both during and after your divorce. Spousal support can be modified based on a change in material circumstances, such as a major change in employment, unless the parties agree that spousal support is non-modifiable.

However, based on an amendment to the Virginia Code that was approved during the 2018 legislature session, no request for a modification of spousal support will be denied without a hearing first unless the agreement specifically says that the spousal support award is non-modifiable. The attorneys at Smith Strong, PLC have experience in navigating clients through the court system to obtain spousal support and can take the necessary steps to ensure your spousal support is either modifiable or non-modifiable, based on your specific needs.

You Must Affirmatively State That Spousal Support is Non-Modifiable to Make It Non-Modifiable

Your spousal support contract now must affirmatively state that spousal support is non-modifiable in order to make it non-modifiable. This applies to all contracts written or executed on or after July 1, 2018. The contract must state, “The amount or duration of spousal support contained in this Agreement is not modifiable except as specifically set forth in this Agreement.” Without this language, spousal support will be modifiable.

Attorney Van Smith and his colleagues can help you with any questions and in obtaining spousal support during and after your divorce. Call the firm today for an individualized comprehensive case plan for your needs.

H. Van Smith
Trusted Virginia Family Law Attorney Serving Richmond to Williamsburg