Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Virginia Spousal Support and Alimony Laws

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.

Courts are not required to award spousal support or alimony 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.

Virginia Spousal Support and Alimony Laws

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 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.

Spousal support is separate from child support. Courts order child support first, following a statutory payment guideline. After ordering child support, judges determine the amount of spousal support.

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.

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.

Eligibility and Amount of Spousal Support

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.

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

Determining Eligibility

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:

  • The age, health, and mental condition of the parties
  • The earning capacity and financial needs
  • The duration of the marriage
  • The standard of living during the marriage
  • The contributions of each spouse to the marriage, including contributions to the education or earning ability of the other spouse
  • Tax consequences to both parties
  • Child custody agreements for any minor children
  • Marital property agreements and property interests of the parties

Type and Duration of Payment

Alimony payments may be a single lump sum payment or periodic payments. A lump sum payment is more common for short-term marriages or where alimony covers imbalance in the property division.

Payments can be for a specific number of years or an unspecified duration. Support ends on the death of either spouse. Remarriage or cohabitation by the recipient spouse also ends spousal support.

Permanent alimony is possible in long-term marriages where the recipient spouse is nearing retirement age and unlikely to re-enter the job market. Under the guidelines, the requesting spouse must still prove they need permanent spousal support.

Virginia Spousal Support and Alimony Laws: Related Resources

Get Legal Advice from a Virginia Divorce Attorney

If you're considering a divorce or need a modification in an existing court order, get legal advice from a Virginia divorce lawyer. They will review your divorce case and let you know the best course of action in your situation.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Family law matters are often complex and require a lawyer
  • Lawyers can protect your rights and seek the best outcome

Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.

 

 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options