Spousal Support Attorney in Stafford, VA

Spousal Support

Spousal support (also called alimony) is one of the most misunderstood aspects of divorce in Virginia. It is not automatic, and there is no formula that determines the exact amount. Instead, Virginia courts have broad discretion to decide whether support is appropriate and, if so, how much and for how long.

Miles Franklin helps clients on both sides of spousal support disputes, whether you are seeking support after a divorce or defending against an unreasonable request. Understanding how Virginia law approaches spousal support puts you in a stronger position to advocate for a fair outcome.

Is Spousal Support Guaranteed in a Virginia Divorce?

No. Spousal support is never guaranteed. The court must first determine whether an award is appropriate based on the circumstances of the marriage and each spouse’s financial situation. In many divorces, particularly shorter marriages where both spouses have comparable earning ability, no spousal support is awarded at all.

The purpose of spousal support is to address economic imbalances that result from the marriage, not to punish either spouse. For example, if one spouse left the workforce to raise children while the other advanced in a career, support may be appropriate to give the lower-earning spouse time to become self-sufficient.

Types of Spousal Support in Virginia

Virginia courts can award spousal support in several forms:

• Temporary support (pendente lite): Ordered during the divorce proceedings to maintain financial stability until a final order is entered. Temporary support ends when the divorce is finalized and a permanent order takes its place.
• Rehabilitative support: Awarded for a defined period to allow the receiving spouse time to gain education, training, or work experience needed to become self-supporting. This is the most common form of spousal support.
• Permanent support: Periodic payments with no set end date, typically reserved for longer marriages where one spouse cannot reasonably become self-sufficient due to age, health, or other factors. “Permanent” does not always mean lifelong, as the award can be modified or terminated based on changed circumstances.
• Lump sum support: A one-time payment instead of ongoing periodic payments. This may be appropriate when both parties prefer a clean financial break.

The court may also combine these forms. For example, a lump sum payment at the time of divorce plus rehabilitative periodic payments for a set number of years.

How Courts Determine the Amount of Spousal Support

Under Virginia Code § 20-107.1, the court must consider 13 factors when determining the amount and duration of spousal support. These factors give the court a complete picture of each spouse’s financial situation and the role each played during the marriage:

1. The financial obligations, needs, and resources of each spouse, including income from retirement plans and pensions
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age, physical condition, and mental condition of each spouse, plus any special family circumstances
5. Whether childcare responsibilities make outside employment inappropriate for either spouse
6. The monetary and nonmonetary contributions each spouse made to the family’s well-being
7. The property interests of each spouse
8. How marital property was divided under the equitable distribution analysis
9. Each spouse’s earning capacity, skills, education, and current employment opportunities
10. The time, ability, and cost for a spouse to acquire education or training to enhance earning ability
11. Career and employment decisions made during the marriage and their effect on each spouse’s current and future earning potential
12. The extent to which one spouse contributed to the other’s education, training, or career advancement
13. Any other relevant factors, including tax consequences, necessary to achieve equity between the parties

The court is required to provide written findings explaining which factors support its spousal support decision. For a deeper discussion, read about the factors Virginia courts consider when awarding spousal support and how courts weigh these factors in practice.

How Fault Affects Spousal Support

Virginia is one of the states where marital fault can affect spousal support. Under Virginia Code § 20-107.1, the court must consider “the circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce.”

If one spouse committed adultery, that spouse may be barred from receiving spousal support entirely, depending on the circumstances. Other fault grounds such as cruelty or desertion may also influence the court’s decision on the amount and duration of support, though they do not create an automatic bar the way adultery can.

Modification and Termination of Spousal Support

Spousal support orders are not necessarily permanent. Under Virginia Code § 20-109, either spouse can petition the court to modify or terminate spousal support based on a material change in circumstances. Common reasons for modification include:

• A significant change in either spouse’s income or financial situation
• The receiving spouse becoming self-supporting
• Retirement of the paying spouse
• A change in health that affects the ability to pay or the need for support

Spousal support automatically terminates in Virginia upon:

• The death of either spouse
• The remarriage of the receiving spouse
• The receiving spouse cohabiting with another person in a relationship analogous to marriage for one year or more (the paying spouse must petition the court to prove cohabitation)

If a separation agreement includes spousal support terms and those terms are incorporated into the final divorce decree, the court generally retains the ability to modify the amount, though the agreement may include provisions that limit or waive modification rights.

Spousal Support and Taxes

Under current federal tax law (effective since 2019), spousal support payments are not deductible by the paying spouse and are not taxable income to the receiving spouse for divorces finalized after December 31, 2018. This is a significant change from the prior law, where support payments were deductible by the payer and taxable to the recipient.

This tax treatment affects negotiations because the total cost of support is now borne entirely by the paying spouse, which can influence both the amount offered and the willingness to accept lump sum versus periodic payments.

The Role of the Unclean Hands Doctrine

In some spousal support disputes, the unclean hands doctrine may come into play. This equitable principle can affect a court’s decision if one party has engaged in misconduct related to the support claim, such as hiding assets, dissipating marital funds, or making false financial disclosures.

Frequently Asked Questions

How long does spousal support last in Virginia?

There is no set formula for duration. Courts consider the length of the marriage, each spouse’s ability to become self-supporting, and the other statutory factors. Rehabilitative support for a defined period (such as 3 to 5 years) is common. Indefinite support is more typical in long-term marriages (20+ years) where one spouse has limited earning capacity.

Can spousal support be waived?

Yes. Spouses can agree to waive spousal support as part of a separation agreement or prenuptial agreement. Once waived, the right to request support is generally gone permanently. Because of the long-term financial impact, it is important to consult with an attorney before agreeing to a waiver.

Does cohabitation end spousal support in Virginia?

It can. If the receiving spouse has been cohabiting with another person in a relationship analogous to marriage for one year or more, the paying spouse can petition the court to terminate or reduce support. The paying spouse bears the burden of proving the cohabitation and the nature of the relationship.

Can men receive spousal support in Virginia?

Yes. Virginia law is gender-neutral when it comes to spousal support. Either spouse can request support, and the court applies the same 13 factors regardless of gender. The determining factors are financial need and the ability to pay, not whether the requesting spouse is the husband or wife.