Spousal support — what Virginia statute calls “spousal support and maintenance” and most people call alimony — is one of the most consequential financial decisions in any divorce. A support order can run for years or for life. Getting the analysis right at the outset is essential.
Randall J. Borden has represented Northern Virginia clients in spousal-support matters for more than three decades — both as the spouse seeking support and as the spouse defending against an unreasonable demand. We handle temporary support, long-term support, support modifications, and support termination in Fairfax, Loudoun, Prince William, Arlington, and Alexandria.
Types of Spousal Support in Virginia
Pendente Lite (Temporary) Support
Pendente lite support is temporary support paid while the divorce case is pending. The amount is typically set using a presumptive formula based on the parties’ respective gross monthly incomes and whether minor children are involved. Pendente lite hearings can be scheduled within weeks of filing.
Rehabilitative Support
Rehabilitative support is a fixed-duration award designed to provide financial assistance while the recipient spouse acquires education, training, or work experience to become self-supporting. Common in shorter marriages or where one spouse left the workforce to support the other’s career.
Defined-Duration Support
Support awarded for a set period of years — long enough to bridge the financial gap but not indefinite.
Permanent (Undefined Duration) Support
Support awarded with no fixed end date — continuing until terminated by death, remarriage, or modification on the basis of a material change in circumstances. More common in long-term marriages with significant income disparity.
Lump-Sum Support
A single lump-sum payment in lieu of ongoing support. Lump-sum awards are not modifiable.
Factors Virginia Courts Consider
Virginia Code § 20-107.1 lists thirteen factors that courts must consider in setting spousal support after divorce:
- The obligations, needs, and financial resources of the parties;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and physical and mental condition of the parties and any special circumstances of the family;
- Contributions, monetary and non-monetary, of each party to the well-being of the family;
- Property interests of the parties, both real and personal, tangible and intangible;
- The provisions made with regard to the marital property under equitable distribution;
- The earning capacity of each party;
- The opportunity for, ability of, and time and costs required for the party seeking support to acquire appropriate education, training, and employment;
- The decisions made by the parties during the marriage regarding employment, career, economics, education, and parenting;
- The extent to which one party has contributed to the attainment of education, training, career position, or profession of the other party;
- The circumstances and factors that contributed to the dissolution — specifically including marital fault;
- Such other factors as the court deems necessary or appropriate.
Marital Fault and Bars to Support
Virginia is one of the few states where fault still materially affects spousal support. Adultery is a presumptive bar to a spouse receiving support, although the court has discretion to award support even where adultery is proven if denying support would constitute “manifest injustice.” Other fault grounds — cruelty, desertion — can affect the amount and duration of support but do not act as a presumptive bar.
Tax Treatment of Spousal Support
For divorces and separation agreements executed after December 31, 2018, spousal support is not deductible to the payer and not taxable income to the recipient under federal tax law. This represents a significant change from prior law and materially affects negotiation and structuring of support obligations.
Modifying Spousal Support
Spousal support orders are modifiable if there has been a material change in circumstances since the order was entered. Common triggers include:
- Significant income change for either party;
- Retirement of the obligor at a reasonable age;
- Cohabitation by the recipient in a relationship analogous to marriage for a continuous period of one year (a Virginia statutory ground for termination);
- Remarriage of the recipient (terminates support automatically);
- Death of either party (terminates support automatically).
A Property Settlement Agreement can make spousal support non-modifiable. Whether to negotiate for modifiability is a significant strategic decision that depends on which side you are on and the parties’ circumstances.
Self-Employment, Bonuses, and High-Income Cases
In high-income or self-employed cases, establishing the correct income figure is contested and complex. The support analysis involves multi-year averaging of variable compensation, forensic review of business books, and sometimes vocational experts. Above-guideline cases turn on lifestyle analysis — what was the marital standard of living, and what is needed to approximate it.
Schedule a Spousal Support Consultation
Whether you are seeking, defending against, or modifying a spousal-support order in Northern Virginia, the first call is confidential. Call 703-385-8722 or request a consultation.