How does alimony work in Virginia?

Question

Accepted Answer

Virginia spousal support is governed by Va. Code § 20-107.1 and is one of the more fault-sensitive alimony regimes.

1. Adultery Bar — § 20-107.1(B)

A spouse who has committed adultery, sodomy, or buggery is generally barred from receiving spousal support — UNLESS the court determines, based on the parties' relative degrees of fault and economic circumstances, that denial of support would constitute a "manifest injustice."

This makes Virginia among the strictest fault-based bars. The "manifest injustice" exception requires both factors:

Comparative fault analysis, AND

Economic circumstances making denial fundamentally unfair.

2. Pendente Lite Formula — § 16.1-278.17:1 (J&DR Court) and § 20-103

For temporary support, Virginia uses presumptive guidelines (where combined monthly gross income is $10,000 or less):

Without minor children: 27% of payor's gross − 50% of payee's gross

With minor children: 26% of payor's gross − 58% of payee's gross

Above $10,000 combined, the formula is non-binding.

3. Permanent Support Factors — § 20-107.1(E)

After the divorce, courts weigh 13 factors:

Obligations, needs, financial resources of the parties

Standard of living during marriage

Duration of the marriage

Age, physical/mental condition, special circumstances of the family

Extent to which age/condition affects ability to seek employment

Contributions, monetary and nonmonetary, to family well-being

Property interests of the parties (real and personal, marital and separate)

Provisions made under § 20-107.3 (equitable distribution)

Earning capacity (including skills, education, training)

Opportunity for and time/cost necessary to acquire skills/training

Decisions regarding employment, career, economics, education, parenting during marriage

Extent contributions enhanced earning capacity of the other

Other factors necessary for equity

4. Three Forms of Award — § 20-107.1(C)

Periodic (modifiable)

Lump sum (non-modifiable)

Defined duration (rehabilitative — set time period)

5. Modification — § 20-109

Modifiable on a material change in circumstances that was not reasonably foreseeable when the order was entered.

6. Termination — § 20-109(A)

Death of either party

Remarriage of the recipient

Cohabitation in a relationship analogous to marriage for one or more years is grounds to terminate or reduce.

7. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.