Can alimony increase after a Virginia divorce above the standard of living established during the marriage?
In Ramberg v. Ramberg, Civil Action No: 55466, the Circuit Court of Loudoun County, Virginia, ruled that support could not be modified in excess of the standard of living established during the marriage.
In Ramberg spousal support or alimony of $2,500 a month was set while the husband made approximately $11,250 a month and wife made approximately $1,250 a month and wife had custody of the two minor children of the parties. Under Section 20-108.1(A) of the Code of Virginia, the court shall consider all relevant evidence presented to the divorce court judge, relevancy depending upon the facts and circumstance of each particular case. Under Section 20-109(A) of the Code of Virginia a party can petition a court for a modification of support, that is, an increase, decrease, or termination of support, as the circumstances may make proper. In Virginia, this requires a showing of a material change in circumstances that warrants a modification of support. Floyd v. Floyd, 1 Va. App. 42, 333 S.E.2d 364 (Va. App. 1985). The Ramberg divorce court stated the rules on proving such a change: it must be shown by a preponderance of the evidence; it must relate to the financial needs and abilities of the parties, and it must be based on their current circumstances. The judge pointed out a difference between modifications of child support and spousal support – while child support can increase beyond the standard established during the marriage under the parental generosity principle, Conway v. Conway, 10 Va. App. 653 (Va. App. 1990), spousal support is limited to the standard of living of the parties during the marriage based on Section 20-107.1(E)(2) of the Code of Virginia. Consequently, increases in the payor spouse’s income do not necessary justify an increase in alimony or spousal support for the payee spouse.
In Ramberg, the parties had initially agreed to $3,000 a month in spousal support at the time of the divorce. Three years later, spousal support was decreased by the court to $2,500 due primarily to an increase in the wife’s monthly income. By the time of the instant case, wife had become permanently disabled due to fibromyalgia and was unable to work. Her income had decreased to $146 a month. The court refused to allow the fact that the parties’ two children had become emancipated to affect its decision on spousal support, noting that the money received for child support is not paid to benefit the payee parent. Nevertheless, in light of the wife’s decreased income and increased expenses, the Ramberg court modified spousal support up to $3,250, an amount the court found equivalent to the parties’ initial agreed-upon amount based upon the parties standard of living established during the marriage.
You should consult with your Virginia divorce lawyer concerning any limitations on the amount of spousal support you can receive.