Virginia Family Law Blog

Once couples reach a certain income bracket, their taxes may increase because they are married. Sometimes called the "marriage tax," this applies to couples who in 2019 made at least $612,350. While some Virginia couples may be tempted to file for what is sometimes referred to as a "strategic divorce" in order to avoid these taxes, there are a number of additional costs to consider.

For example, a divorce may affect retirement benefits. The couple may need to have a complex document known as a qualified domestic relations order prepared in order to split a pension. After a divorce, removing the other person as the beneficiary on the account becomes much easier. Another consequence is the potential loss of health insurance benefits, which are often provided by one spouse's employer. A divorce could also mean splitting business assets and giving an ex-spouse voting rights.

Ending a marriage can be emotionally difficult for spouses in Virginia and around the country even if they have been thinking about divorcing for some time. Dealing with legal papers, poring over financial documents and making an inventory of marital assets often takes a heavy toll, and it is not unusual for divorcing spouses to turn to drugs, alcohol or other forms of release. However, there are steps they can take to reduce the strain and get through the process with their psyches intact.

Discussing difficult issues with close confidants and family members may ease the burden, but it could be unwise to base a legal strategy on their input. That is a job best left to professionals. Diversions such as reading or exercise are a healthy alternative to narcotics or alcohol, and they could provide long as well as short-term benefits. Strenuous workouts also offer an outlet for aggression and release spirit-lifting endorphins. Other ways to avoid falling into a maudlin routine include pursuing new interests, spending time on hobbies and reestablishing contact with old friends and acquaintances.

Family law judges in Virginia follow a set of strict guidelines when determining how much child support a noncustodial parent should pay, but their decisions may be revisited and child support orders modified when the situation of one or both of the parents changes significantly. Child support modifications are often ordered when health care premiums or the incomes of either the custodial or noncustodial parent increase or decrease by 25% or more.

Many parents are not aware that they can petition the court to modify child support orders, which is why many noncustodial parents struggle to meet their financial responsibilities after suffering a financial setback. According to figures from the U.S. Census Bureau, almost half of the 5,845,000 American parents who are entitled to child support do not receive the full amount each month. While deadbeat dads do exist, many of these noncustodial parents simply do not have enough money to pay on time.

An increasing number of people in Virginia and across the country are choosing to divorce at a later stage in life. While divorce trends have remained steady or even decreased for younger Americans, the rates for people aged 50 and up have doubled in the past 30 years. Of course, younger people are still more likely to divorce, but the advent of increasing rates for older people leads to new considerations about health and finances. Divorcing later in life can have significant effects on people's well-being, especially as the end of a marriage is known to be a major life stressor.

There can be a number of physical and psychological health concerns associated with divorce, especially when older people with existing medical issues are involved. Later-in-life divorces are often associated with higher levels of depression or anxiety. These can be linked to physical changes as well. This is especially true because depression and stress are linked to heart disease, obesity, Type 2 diabetes and high blood pressure. Many people become less active and more sedentary after a divorce, and they may find it difficult to sleep. These can lead to an overall decline in health.