{"id":377010,"date":"2018-11-05T11:29:43","date_gmt":"2018-11-05T16:29:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-spousal-support-and-alimony-laws.html"},"modified":"2024-10-24T11:13:42","modified_gmt":"2024-10-24T16:13:42","slug":"virginia-spousal-support-and-alimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-spousal-support-and-alimony-laws.html","title":{"rendered":"Virginia Spousal Support and Alimony Laws"},"content":{"rendered":"\n
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Virginia Spousal Support and Alimony Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Virginia’s alimony laws resemble those of most states. Courts base their decisions on the requesting spouse’s need for alimony and the paying spouse’s ability to pay. Spouses pay alimony, or spousal support, only when one spouse can show a need for financial help.<\/p>\r\n

Courts are not required to award spousal support or alimony<\/a> during a divorce. Spouses may agree to alimony payments in a separate settlement agreement. The judge may confirm the arrangement if it’s fair to both parties. Spouses contemplating divorce should consult an attorney to discuss writing their alimony agreement.<\/p>\r\n

Virginia Spousal Support and Alimony Laws<\/b><\/h2>\r\n

Virginia law does not award alimony in all divorces. Judges have the discretion to award alimony after considering all factors presented by both parties. The Virginia code on divorce and legal separation (Section 20-107.1<\/a> et seq.) lets the judge consider the parties’ circumstances, the degree of fault of both parties in causing the divorce, and the ability of both parties to earn a living.<\/p>\r\n

Spousal support is separate from child support. Courts order child support first, following a statutory payment guideline<\/a>. After ordering child support, judges determine the amount of spousal support.<\/p>\r\n

Virginia couples who are not ready to file for divorce can request "separate maintenance." Separate maintenance is financial support for the lower-earning spouse during separation. This is when they have not filed formal divorce papers yet. This may be an option for couples still trying to work out differences in their marriage. But one party lacks the financial resources to live away from the household.<\/p>\r\n

Courts also grant pendente lite spousal support. Once a couple has filed for divorce, courts may grant pendente lite support to keep the spouses on equal footing. The higher-income spouse gives temporary alimony payments to the lower-income spouse. This is for legal fees, household expenses, and similar costs until the final divorce order.<\/p>\r\n

Eligibility and Amount of Spousal Support<\/b><\/h2>\r\n

Courts base the amount of spousal support payments on the payee spouse’s need and the payor spouse’s ability to pay. There are no absolute bars to alimony, but judges can consider fault when determining alimony.<\/p>\r\n

Virginia does not have a statute specifically barring an abusive spouse from requesting alimony. Judges may consider \u00a7 20-91<\/a> Grounds for Divorce "Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt when making a spousal support award."<\/p>\r\n

Determining Eligibility<\/b><\/h3>\r\n

The recipient spouse must have a lower income than the payor spouse when requesting alimony. The court will decide the amount, duration, and type of support based on statutory factors, including:<\/p>\r\n