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This calculation is for information purposes only and is not intended as a substitute for obtaining legal advice! Please consult an attorney to determine whether and how this calculation may be applicable to your specific circumstances.
“Pendente Lite” spousal support is calculated pursuant to Section 16.1-278.17:1. “Pendente Lite” means “pending the litigation.” It is intended to provide an amount of support until a court has the opportunity to have a full trial on whether spousal support will be awarded at all (Section 20-107.1.B) and, if so, the amount of spousal support (applying the factors spelled out in Section 20-107.1.E). It is NOT intended to calculate the amount of spousal support that might be paid on an ongoing basis after a final divorce.
Please take a look at the resources below the calculator to understand the context of this formula better!
Resources to Help Understand Spousal Support in Virginia:
- Advice from your counsel!
- Formula for Pendente Lite Spousal Support Calculation Statute (Va. Code § 16.1-278.17:1). This is the pendente lite statute that talks about this calculation.
- Maintenance & Support of Spouses Statute (Va. Code § 20-107.1, 20-107.1:1). This is the primary spousal support statute that talks about when “ongoing” spousal support might be appropriate in the first place. If a court is going to award spousal support, this statute includes the factors the court will use to determine what the amount of support will be. You’ll note that absent from the list of factors in determining the amount of support is any reference to the pendente lite calculation!
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