Adjustments to Spousal Support in Retirement

            With the passage of Virginia Senate Bill 540, a divorced spouse paying support to an ex should have a better chance for a retirement age adjustment.

What the New Law States

         Hitting retirement age in Virginia is now a material change in circumstance for purposes of asking a judge to modify spousal support and provides a list of facts for the judge to consider. A court must now consider the assets or property interest of each of the parties from the date of the support order, up to the time of the hearing, and any income from the asset or property interest. Other new factors are whether retirement was contemplated by the court when spousal support was ordered, whether retirement is voluntary or mandatory, the age and health of the parties and the duration and amount of spousal support already paid. Full retirement age is defined as the age someone is eligible for full retirement benefits under Social Security.

Problem the New Law Addressed

            Prior to the passage of this law judges had inconsistent opinions on whether retirement age should make a difference for modifying support payments. In fact, some judges would not even hear the case, now with skilled counsel you have that opportunity.

Smith Strong Difference

            An effective advocate is crucial in support proceedings and the attorneys at Smith Strong will use their knowledge and experience to make sure your spousal support agreement is adjusted properly. Please call (804) 325-1245 or (757) 941-4298 to schedule your first meeting.

Editorial Assistance By: Michael Gee - Law Clerk