On July 1, Virginia’s law regarding spousal support modification is going to change in a big way.  The legislature has enacted an amendment to the existing law which will increase the potential for spousal support to be modified or terminated when a person reaches their full retirement age.

According to various sources, it appears that the divorce rate among older couples has been dramatically increasing in recent years–this has been referred to as the “gray divorce revolution”. This trend has presumably paved the way for legislative changes which take into account specific needs unique to older couples.

The law governing spousal support modification is set forth in Va. Code §20-109.  For support obligations that are deemed to be modifiable, a party seeking to amend or terminate their spousal support payment generally needs to prove a “material change in circumstances”.  As you can imagine, there is a lot of litigation regarding what constitutes a “material change in circumstances”–particularly in cases involving persons who are retired, or are seeking to retire.

With this upcoming amendment (which you can review here: Spousal Support Amendment to 20-109) the new law will specify that reaching full retirement age can serve as a material change in circumstances. Under the new Va. Code §20-109, Judges will need to consider several factors relating to the unique circumstances of an individual’s retirement in determining whether a modification is appropriate. The courts will also be able to take into account the assets and property of both parties in determining whether a modification is proper.

If you have any questions about how the new Virginia Spousal Support law may impact your case, contact an experienced Virginia divorce lawyer at BoykoNapier today.  Our attorneys handle divorce, family law and support matters throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  To contact a BoykoNapier attorney, call 804-658-3418, or you may reach us via email.