Virginia has no formula for spousal support. A court decides it by weighing thirteen statutory factors set out in Virginia Code § 20-107.1(E) — among them the duration of the marriage, the standard of living established during it, each party's earning capacity, and the monetary and nonmonetary contributions each made to the family. The court must also consider the circumstances that contributed to the breakdown of the marriage, specifically including adultery.
That last point carries real weight. Under § 20-107.1(B), where a divorce is granted on the ground of adultery, a court shall not award permanent spousal support to the spouse at fault — unless it finds by clear and convincing evidence that denying support would constitute a manifest injustice, based on the respective degrees of fault and the relative economic circumstances of the parties. It is one of the few places in Virginia family law where fault has a direct, statutory financial consequence.
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.
The thirteen factors a Virginia court must weigh
Section 20-107.1(E) requires the court to consider:
- The obligations, needs and financial resources of each party, including income from pensions and retirement plans
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of each party, and any special circumstances of the family
- Whether it is appropriate for a party to remain outside the workforce because of the age or condition of a child of the marriage
- The monetary and nonmonetary contributions each made to the well-being of the family
- The property interests of each party, real and personal, tangible and intangible
- The provisions made with regard to marital property under the equitable distribution statute
- The earning capacity of each party, including skills, education and training, and present employment opportunities
- The opportunity for, ability of, and time and costs involved for a party to acquire education or training to improve earning ability
- The decisions regarding employment, career, economics, education and parenting made during the marriage, and their effect on earning potential
- The extent to which either party contributed to the education, training, career or earning potential of the other
- Any other factors, including tax consequences, necessary to consider the equities between the parties
Two of these carry more weight than the rest in most Northern Virginia cases. The duration of the marriage combined with a disparity in earning capacity is the core of most awards. And the sixth factor, nonmonetary contributions, is where a spouse who raised children or supported the other career is recognized even without a pay statement to show for it.
Adultery can bar permanent spousal support
This is the sharpest fault provision in Virginia family law and it surprises people on both sides.
Where a divorce is granted on the ground of adultery, section 20-107.1(B) directs that the court shall not award permanent spousal support to the party at fault. There is one escape: the court may still award it if it finds, by clear and convincing evidence, that denying support would constitute a manifest injustice, based on the respective degrees of fault during the marriage and the relative economic circumstances of the parties.
Two practical consequences follow. If you are the lower-earning spouse, an affair is not merely a personal matter, it is a direct threat to a support claim. And if you are the higher-earning spouse, proving adultery is one of the few ways fault translates into a financial outcome, which is why the decision to plead it is strategic rather than emotional. Adultery must be proven, and Virginia sets a demanding standard of proof for it.
See grounds for divorce in Virginia for how fault grounds operate more broadly.
Duration, modification and termination
Virginia support can be awarded for a defined duration or an undefined one, and the statutory factors bear on which is appropriate. A long marriage with one primary earner presents the strongest case for a lasting award; a short marriage between comparable earners often produces none.
Support set by court order can generally be modified on a material change in circumstances. Support fixed by agreement depends on what the agreement says, which is exactly why vague termination language is one of the most expensive drafting failures we see. An agreement that ends support on cohabitation without defining cohabitation, or that is silent on retirement or death, produces litigation years later. See separation agreements and modification.
Spousal support questions
How is spousal support calculated in Virginia?
There is no formula. A court weighs the thirteen factors in Virginia Code section 20-107.1(E), including the duration of the marriage, the standard of living established during it, and each party earning capacity. Two households with identical incomes can receive very different awards.
Does adultery stop me receiving support?
Where the divorce is granted on the ground of adultery, the court shall not award permanent support to the party at fault unless it finds by clear and convincing evidence that denial would be a manifest injustice, weighing the degrees of fault and the parties relative economic circumstances.
How long does spousal support last?
It can be for a defined or undefined period. Virginia guarantees no particular duration; the statutory factors and the length of the marriage drive it.
Can spousal support be changed later?
Support under a court order can generally be modified on a material change in circumstances. Support fixed by agreement depends on the terms of that agreement, which is why the termination language matters so much.
Do I have to be divorced to receive support?
No. Support can be sought during the proceedings as well as in the final decree, which matters where one spouse controls the household income.
Is spousal support the same as alimony?
Yes. Virginia uses the term spousal support; alimony is the older and more familiar word for the same thing.
What if my spouse quits work to avoid paying?
Earning capacity, not just actual earnings, is among the statutory factors. A court can consider what a party is capable of earning where the reduction appears voluntary.
Related
See property division, which the eighth factor expressly ties to support, high-asset divorce where pensions and business income are involved, and prenuptial agreements, which may modify or eliminate support by agreement. Local guidance: Fairfax, Alexandria and Northern Virginia.
Speak with a Virginia spousal support attorney
Randall J. Borden has litigated spousal support awards in the Northern Virginia courts since 1995 and handles every case personally. Call 703-385-8722 or contact the office.
General information about Virginia law, not legal advice. Support outcomes depend entirely on the facts of your marriage.