• Skip to main content
  • Skip to footer

Parks Zeigler, PLLC - Attorneys At Law

Elizabeth City, NC 252-679-8880
Virginia Beach, VA 757-453-7744
Chesapeake, VA 757-312-0211
Roanoke, VA 540-299-5299

Main navigation

  • Home
  • Legal Services
    • Individuals
      • Family Law
      • Criminal Defense
      • DUI/DWI Defense
      • Traffic Defense
      • Wills, Trusts and Estates
      • Mediation
    • Businesses
      • Small Business Representation
      • Business Litigation
      • Cybersecurity and Data Privacy
  • About Our Firm
    • Our People
    • Our Guarantees
    • Recognitions and Awards
    • Community Involvement
    • Employment Opportunities
  • Client Reviews
  • Results
  • Free Info
    • FAQs
      • Family Law
      • Wills, Trusts and Estates
      • Ask An Attorney Your Legal Questions
    • News
    • Videos
    • Resources
    • Books & Guides
    • Blog
      • Criminal Defense
      • Family Law
      • Traffic Defense
      • Wills, Trusts and Estates
      • Cybersecurity
      • Small Business
      • Oliver The Service Dog
      • General
    • Newsletters
    • Recipes
  • Client Login
  • Contact
  • Locations
    • Virginia Beach, VA
    • Chesapeake, VA
    • Roanoke, VA
    • Elizabeth City, NC
  • Home
  • Legal Services
    • Individuals
      • Family Law
      • Criminal Defense
      • DUI/DWI Defense
      • Traffic Defense
      • Wills, Trusts and Estates
      • Mediation
    • Businesses
      • Small Business Representation
      • Business Litigation
      • Cybersecurity and Data Privacy
  • About Our Firm
    • Our People
    • Our Guarantees
    • Recognitions and Awards
    • Community Involvement
    • Employment Opportunities
  • Client Reviews
  • Results
  • Free Info
    • FAQs
      • Family Law
      • Wills, Trusts and Estates
      • Ask An Attorney Your Legal Questions
    • News
    • Videos
    • Resources
    • Books & Guides
    • Blog
      • Criminal Defense
      • Family Law
      • Traffic Defense
      • Wills, Trusts and Estates
      • Cybersecurity
      • Small Business
      • Oliver The Service Dog
      • General
    • Newsletters
    • Recipes
  • Client Login
  • Contact
  • Locations
    • Virginia Beach, VA
    • Chesapeake, VA
    • Roanoke, VA
    • Elizabeth City, NC
Call
Contact
Blog

Our Experienced Virginia Divorce Attorney Answers A Question About Spousal Support Termination In Virginia

March 12 Categorized: Family Law

When Can Spousal Support Be Terminated?

I recently had a client ask this question as she was advised by her previous attorney that the agreement she signed provided for spousal support even if she remarried. Unfortunately for her, that attorney was incorrect.

Spousal Support Terms

If spousal support is awarded by the Court (and not by agreement of the parties), the amount and duration of the support can be modified by the court in the future upon a material change in circumstances. Also, in accordance with § 20-109, it is subject to termination upon “the death of either party, remarriage of the spouse receiving support,” or “upon clear and convincing evidence that the spouse receiving support has been habitually cohabitating with another person in a relationship analogous to a marriage for one year or more.”

CONTACT OUR EXPERIENCED VIRGINIA FAMILY LAW ATTORNEYS

Contact us Today

If spousal support is agreed to by the parties, they can agree to make the support non-modifiable, but they must use the specific language set forth in § 20-109(c). The parties can also agree that the spousal support will not be subject to termination upon death, remarriage or cohabitation, but the agreement must expressly state the same. The case law on this subject is very clear and because the agreement my client entered into did not specifically state that spousal support was not subject to termination upon her remarriage, her right to the agreed-upon spousal support ended the day she remarried.

Before you enter into any agreement regarding spousal support, make sure you seek legal advice from our experienced Virginia divorce attorneys.

Call 888-691-9319 or fill out this short form to get started. 


Visit these links for related information

Navigating the Divorce Process Requires an Experienced Virginia Divorce Attorney
Virginia Divorce Lawyer: Understanding the Issues Relating to Divorce

Kellam T. Parks

email

Reader Interactions

Post a Comment Cancel reply

You must be logged in to post a comment.

Footer

Contact Us

Let Us Help! Call us at 888-691-9319 or fill out this quick form and we will contact you within 24 hours!
Name(Required)
Agree(Required)
Sign Up To Receive Our Newsletter
* Required
Hidden
This field is for validation purposes and should be left unchanged.

Parks Zeigler, PLLC
Virginia Beach Office

  • 4768 Euclid Road, Suite 103
    Virginia Beach, Virginia 23462-3810
  • 757-453-7744
  • 757-453-7578
Directions

Parks Zeigler, PLLC
Chesapeake Office

  • 524 Albemarle Drive, Suite 200
    Chesapeake, Virginia 23322-5500
  • 757-312-0211
  • 757-453-7578
Directions

Parks Zeigler, PLLC
Roanoke OFFICE

  • 25 Church Ave SW
    Roanoke, Virginia 24011-2010
  • 540-299-5299
  • 540-299-5295
Directions

Parks Zeigler, PLLC
Elizabeth City Office

  • 201 East Elizabeth Street
    Elizabeth City, NC 27209
  • 252-679-8880
  • 252-254-1380
Directions
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

© 2023 Parks Zeigler, PLLC – Attorneys At Law All Rights Reserved, Reproduced with Permission Privacy Policy