Last updated 2026-07-09
TL;DR
Virginia has no fixed alimony formula. Judges weigh 13 statutory factors under Virginia Code § 20-107.1, including each spouse's income, the length of the marriage, and contributions to the household. Support can be temporary, rehabilitative, or indefinite. In uncontested cases, you and your spouse agree on an amount and write it into a property settlement agreement, and no judge decides the number for you.
What is spousal support in Virginia and who can get it?
Spousal support in Virginia is money one spouse pays the other after separation or divorce to close a financial gap the marriage created. Either spouse can ask for it. The law doesn't favor wives over husbands. (The statute uses 'spousal support'; 'alimony' is the older word for the same thing.)
The right to ask comes from Virginia Code § 20-107.1, which lets circuit courts award support 'as the court deems just and appropriate.' [1] That phrase carries weight. Virginia gives judges wide discretion, and two cases with nearly identical incomes can land in very different places depending on the judge, the county, and how well each side presents their finances.
You don't have to fight this out in court. In an uncontested divorce, most couples negotiate support directly and write the agreed amount into a property settlement agreement (also called a separation agreement). Once the court folds that agreement into the final decree, it becomes a court order. That path skips judicial discretion entirely. It's the single best reason to settle support by agreement if you possibly can.
If you want the national picture on how alimony works before getting into Virginia's rules, start with that overview.
What are Virginia's 13 statutory factors for spousal support?
Virginia Code § 20-107.1(E) lists thirteen factors a court must consider. No single one controls. The statute says the court has to weigh all of them. Here they are, straight from the code: [1]
1. The obligations, needs, and financial resources of the parties, including income from all pension, profit sharing, or retirement plans, of whatever nature. 2. The standard of living established during the marriage. 3. The duration of the marriage. 4. The age and physical and mental condition of the parties and any special circumstances of the family. 5. The extent to which the age, physical or mental condition, or special circumstances of any child of the parties would affect a party's ability to be employed. 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family. 7. The property interests of the parties, both real and personal, tangible and intangible. 8. The provisions made with regard to the marital property under § 20-107.3 (the equitable distribution statute). 9. The earning capacity, including the skills, education and training, and employment opportunities of the parties. 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training, and employment to obtain the skills needed to enhance such party's earning ability. 11. The decisions regarding employment, career, education, and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one party has been out of the job market. 12. The extent to which either party has contributed to the attainment of education, training, career position, or profession of the other party. 13. Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution of the marriage, as are necessary to consider the equities between the parties.
Factor 13 is where fault comes in. Virginia is a fault-based divorce state, and misconduct like adultery, cruelty, or desertion can move a support award. Adultery hits hardest. Virginia Code § 20-107.1(B) says a court 'shall not award spousal support' to a spouse who committed adultery unless denying it would be 'manifestly unjust.' [1] That's a real bar, not a formality.
Does Virginia use a spousal support formula or calculator?
No. Virginia has no statewide formula for spousal support. Child support does use a statutory income-shares model, but support between spouses does not. [2]
A handful of Virginia jurisdictions published local advisory guidelines years back. Fairfax County Circuit Court put out a worksheet suggesting a starting point of 30% of the payor's gross monthly income minus 50% of the payee's gross monthly income. That worksheet is advisory, not binding. Arlington and Prince William developed similar local worksheets. None of them carry the force of law, and no judge has to follow any of them. [3]
Here's what that means at the negotiating table. Without a formula, Virginia support is harder to predict than in states with a clear calculation. The Fairfax worksheet gives you a rough anchor for short-to-medium marriages. Treat it as a starting number, not a promise.
Here's how Virginia stacks up against three neighbors:
| State | Formula? | Fault affects support? |
|---|---|---|
| Virginia | No statewide formula | Yes, adultery can bar support |
| Maryland | No statewide formula | Yes, limited |
| North Carolina | No statewide formula | Yes, dependency plus fault |
| DC | No formula | No-fault standard |
Nobody has published solid statewide numbers on average Virginia awards. The closest available analysis looks at individual circuit tendencies, and those swing widely from county to county.
How long does spousal support last in Virginia?
Virginia ties the presumptive length of support to how long you were married, though a judge can go shorter or longer. Virginia Code § 20-107.1(D) sets the framework: [1]
Marriages under 5 years: support is presumed to run no more than 50% of the length of the marriage. Marriages of 5 to 10 years: presumptive duration is 60% of the marriage length. Marriages of 10 to 20 years: presumptive duration is 75% of the marriage length. Marriages of 20 years or more: the court may award support for an 'indefinite' period.
These are presumptions, not hard caps. A judge can deviate based on the 13 factors. Indefinite doesn't mean forever, either. Virginia Code § 20-109 lets either party petition for modification on a material change in circumstances, and support ends automatically on the death of either party or the recipient's remarriage unless the agreement says otherwise. [4]
Live-in relationships count too. Virginia Code § 20-109(A) lets a court cut off or reduce support if the recipient is 'cohabiting with another person in a relationship analogous to a marriage' for at least a year. [4] That's a sharp difference from states where only remarriage ends support.
The three types of support you'll see:
Temporary (pendente lite) support: Ordered during the separation, before the divorce is final. Calculated more simply from income documents. It ends when the final decree issues.
Rehabilitative support: Time-limited, meant to give the lower earner room to re-enter the workforce, finish a degree, or build skills. Most common in marriages under 15 years where that spouse is employable.
Permanent or indefinite support: More common after long marriages, or where the recipient has a disability or has been out of the workforce too long to realistically return.
How does fault affect spousal support in Virginia?
Virginia is one of a shrinking group of states where fault in the breakup directly moves a support award. This is not theoretical.
Adultery is the harshest. As noted, a court 'shall not award spousal support' to the spouse who committed it. [1] The escape hatch, 'manifest injustice,' is read narrowly. Courts have found it where denying support would push a spouse into genuine poverty, but that bar sits high. If you committed adultery and your spouse can prove it, talk to a divorce attorney before you assume you owe nothing, and before you assume you'll collect nothing.
Other fault grounds (cruelty, apprehension of bodily harm, constructive desertion) don't automatically kill support. They feed into the 13-factor analysis under factor 13. A spouse who was abusive can still be ordered to pay, but the court has room to adjust the number.
For uncontested divorces, fault matters less. In a negotiated property settlement agreement, you can set any support amount you both accept regardless of who did what, as long as the agreement is valid and not unconscionable.
What documents do you need to request or prove spousal support in Virginia?
Whether you litigate or negotiate, the money has to be documented. Courts rely on a financial statement (often a local financial affidavit form, which varies by circuit) where each party lays out monthly income, expenses, assets, and debts. [5]
Gather these:
- Federal tax returns for the last two or three years (W-2s, 1099s, Schedule C if self-employed)
- Recent pay stubs, usually two to three months
- Records of every income source: rental income, investment income, retirement distributions, Social Security
- Monthly expense records: mortgage or rent, utilities, insurance premiums, car payments, childcare
- Statements for all bank, investment, and retirement accounts
- Documentation of any medical condition affecting your ability to work
- Records of career sacrifices made during the marriage (prior job history, education given up)
In an uncontested divorce, you still use these to negotiate fairly, even though no judge reviews them at a hearing. If your spouse later claims the agreement was signed under duress or without full financial disclosure, a documented exchange of financials protects both of you.
For the actual divorce papers and how to build a Virginia property settlement agreement, that process guide walks through the filing package.
How do you file for spousal support in Virginia court?
In a contested divorce, you request support in your Bill of Complaint (or cross-bill) filed with the circuit court. You can also file a separate motion for pendente lite support to get temporary money flowing while the divorce runs. The circuit court clerk in your county handles the filing. [5]
Filing fees vary by circuit. The base filing fee for a divorce complaint in Virginia's circuit courts is set by the state at $86, but most circuits tack on local fees that push the total to roughly $100 to $150 or a bit more. [6] Pendente lite motions and hearings cost extra.
In an uncontested divorce, the support terms live in your property settlement agreement. There's no separate support motion. When you submit your final divorce package, the agreement is incorporated by reference and the judge reviews it while approving the decree. Many Virginia circuits grant uncontested divorces on a written deposition or affidavit with no hearing at all, which keeps the cost down.
If you and your spouse have agreed on everything including support, the real work is getting the property settlement agreement right. DivorceClear's $149 document packet includes the separation agreement, financial affidavit, and the circuit court forms set up for Virginia's uncontested process. It's one way to keep the paperwork clean on a fully negotiated case without paying an attorney to run the whole thing.
The Virginia Courts self-help page links to local court forms and filing instructions for each circuit. [5]
Can you modify or terminate spousal support after it's set?
Yes. Virginia Code § 20-109 gives courts power to modify support on a material change in circumstances. [4] That phrase does real work. A small income bump probably won't cut it, but job loss, disability, retirement, or a big jump in the recipient's income can each support a modification petition.
What counts as a material change:
- A substantial involuntary change in either party's income (layoff, disability, illness)
- The recipient cohabiting with a romantic partner for at least 12 months
- The recipient's remarriage (automatic termination unless the agreement says otherwise)
- Death of either party (terminates support by law)
- The payor's retirement (courts look at whether it was voluntary and reasonable at that age)
One nuance worth flagging. If your property settlement agreement says support is 'non-modifiable,' the court cannot touch it. [4] Negotiators use that language when the recipient wants certainty. It cuts both ways. The payor can't get it reduced either. Agree to it only if both sides understand it's truly locked.
Self-employed spouses should be careful here. Courts can impute income if they think a payor is voluntarily underemployed or hiding money through a business. Thorough financial records protect against imputation claims in either direction.
How is spousal support taxed after the 2019 law change?
The Tax Cuts and Jobs Act of 2017 changed the federal tax treatment of spousal support for agreements executed or modified after December 31, 2018. For any agreement signed on or after January 1, 2019, support is no longer deductible by the payor and no longer counted as taxable income to the recipient. [7]
This reshapes negotiations. Before 2019, a $2,000 monthly payment cost a high-earning payor less in after-tax dollars because it dropped their taxable income, while the lower-earning recipient paid tax on it at a lower rate. Both sides came out ahead. That arbitrage is gone for new agreements.
What happens now: payors push for smaller numbers because they're paying with post-tax dollars, and recipients should know they're getting the money tax-free. Some parties gross up the amount to account for the shift. Virginia conforms to federal treatment, so state income tax follows the same rule.
For agreements executed before January 1, 2019, the old rules still apply unless the agreement is modified and both parties elect the new treatment. [7] If you have an old order you're thinking about changing, run the tax math before you sign anything.
What's the difference between spousal support and property division in Virginia?
Spousal support is ongoing income from one spouse to the other. Property division (governed by Virginia Code § 20-107.3) is the one-time split of marital assets and debts. [8] They're separate legal questions. A court can award support even after an equal property split, or deny support even after an unequal one.
This matters for negotiation because spouses trade one against the other. A spouse might take less support for a bigger slice of the home equity, or the reverse. That's a legitimate move, and judges in uncontested cases usually won't second-guess a freely negotiated trade-off unless it looks unconscionable.
Marital property in Virginia is divided 'equitably,' meaning fairly, not necessarily 50/50. [8] Separate property (owned before marriage, or received as a gift or inheritance) generally stays with its owner. That line blurs after long marriages, especially when separate property got commingled with marital money.
The way property and support interact is exactly why the written agreement has to be tight. Vague language about either one creates fights years later. The Virginia State Bar's lawyer referral service can connect you with an attorney for a document review even if you're handling the rest of the case yourself.
What should a spousal support agreement actually say?
A well-drafted support agreement covers these at a minimum:
- The exact monthly (or weekly, or annual) amount
- The start date, and whether it's retroactive to separation
- How and when payments are made (bank transfer, check, direct deposit)
- The duration and every termination event (specific date, remarriage, death, cohabitation)
- Whether the amount is modifiable or non-modifiable
- How a cost-of-living adjustment works, if any
- What happens at the payor's retirement
- Tax treatment (name the post-2018 rule explicitly)
- What counts as a material change allowing modification
- The enforcement mechanism if payments stop
Vague agreements turn into expensive fights. 'Husband will pay wife reasonable support for several years' is not enforceable in any useful way. You can ask a court to interpret ambiguous language, but that burns money and time you never budgeted.
Virginia's circuit courts run self-help centers in many locations that can check whether your agreement meets the basic requirements for incorporation into a decree. They can't give legal advice, but they'll tell you if something is missing. [5] If your support situation is complicated, paying a divorce lawyer for a document review, even without full representation, is money well spent.
What are realistic spousal support amounts in Virginia?
Nobody publishes reliable statewide data on average Virginia awards. The Virginia Supreme Court's annual statistical report tracks case filings and dispositions but not the dollar amounts or duration of support orders. [10]
The Fairfax County advisory worksheet, which several Virginia family law attorneys cite as a rough reference, suggests this starting calculation: 30% of the higher earner's gross monthly income minus 50% of the lower earner's gross monthly income. Rough ballpark. Not law.
Run the numbers. Spouse A earns $8,000 a month gross. Spouse B earns $2,000. The Fairfax worksheet gives (0.30 × $8,000) minus (0.50 × $2,000), which is $2,400 minus $1,000, or $1,400 a month. That's a starting point for a medium-length marriage. A 25-year marriage with the same incomes could land higher. A 4-year marriage with no kids could land lower.
For context on the income picture, Virginia's median household income was about $87,000 in 2022 per U.S. Census estimates. [11] That frames what 'typical' parties in Virginia courts look like. High-income divorces run on completely different scales, and in those cases the statutory factors matter far more than any worksheet.
The honest answer: without the specific incomes, marriage length, fault picture, childcare load, and your judge's tendencies, any number you see online is a guess with a nice font.
Frequently asked questions
Does Virginia have a specific formula or calculator for spousal support?
No. Virginia has no statewide formula for spousal support. A few jurisdictions like Fairfax County published advisory worksheets (roughly 30% of the payor's gross income minus 50% of the recipient's gross income), but those aren't binding. Judges must weigh all 13 statutory factors under Virginia Code § 20-107.1 and have wide discretion. An agreed amount in a property settlement agreement avoids the formula question entirely.
How long does spousal support last in Virginia?
Duration depends on marriage length. Virginia Code § 20-107.1(D) creates presumptions: 50% of the marriage for unions under 5 years, 60% for 5-to-10-year marriages, 75% for 10-to-20-year marriages, and potentially indefinite support for marriages of 20 years or more. Judges can deviate based on the statutory factors, and support terminates automatically on remarriage or the death of either party.
Can a cheating spouse receive alimony in Virginia?
Generally no. Virginia Code § 20-107.1(B) says a court shall not award spousal support to a spouse who committed adultery. The exception is 'manifest injustice,' which courts read narrowly, usually limited to situations where denying support would leave a spouse in genuine poverty. Fault on other grounds (cruelty, desertion) doesn't automatically bar support but factors into the analysis.
Is Virginia spousal support taxable income?
For agreements signed on or after January 1, 2019, no. Under the Tax Cuts and Jobs Act of 2017, spousal support payments are not deductible by the payor and not taxable income to the recipient for any divorce finalized or modified after December 31, 2018. Agreements signed before that date follow the old treatment unless modified with an election to change.
Can spousal support be modified in Virginia after the divorce?
Yes, unless the agreement expressly states it's non-modifiable. Virginia Code § 20-109 lets either party petition for modification based on a material change in circumstances, including significant income changes, disability, retirement, or the recipient's cohabitation with a new partner for at least 12 months. Non-modifiable agreements bind both sides and can't be changed even if circumstances shift dramatically.
Does cohabitation end spousal support in Virginia?
It can. Virginia Code § 20-109(A) lets a court reduce or terminate support if the recipient is cohabiting with another person in a relationship analogous to marriage for at least one year. The payor must file a motion; support doesn't stop automatically. The burden sits with the payor to prove cohabitation, which usually means showing a shared residence and a relationship consistent with marriage.
How do I ask for spousal support in an uncontested Virginia divorce?
In an uncontested divorce, you put the support terms in your property settlement agreement. There's no separate motion. The court reviews the agreement while approving the final decree. Make sure the agreement spells out the amount, duration, termination events, and whether it's modifiable. The Virginia Courts self-help page lists circuit court forms and instructions by county.
What's the difference between temporary and permanent spousal support in Virginia?
Temporary (pendente lite) support is ordered during the separation, before the divorce is final, and ends when the decree issues. It's calculated more simply from income documents and meant to hold the financial status quo. Permanent or indefinite support is ordered in the final decree, typically after long marriages or where a spouse can't realistically return to work. Most support today is rehabilitative with a defined end date.
Can a husband get alimony in Virginia?
Yes. Virginia Code § 20-107.1 applies to either spouse without regard to gender. Either party can request spousal support, and courts must consider both parties' financial situations equally. The 13 statutory factors apply the same way whether the lower-earning spouse is a husband or wife. Awards to husbands are less common statistically but legally equivalent.
How does Virginia spousal support interact with child support?
They're separate calculations. Child support in Virginia uses a statutory income-shares formula under Virginia Code § 20-108.2. Spousal support uses the 13-factor discretionary analysis. But spousal support payments can shift the income figures in the child support calculation, since support paid reduces the payor's available income. In negotiations, the two amounts are sometimes adjusted together to reach a workable total for each household.
What happens to spousal support if the payor retires?
Retirement can be grounds for a modification petition under Virginia Code § 20-109 if it's voluntary and at a reasonable age. Courts look at whether the retirement was in good faith or an attempt to duck support. Mandatory or disability-driven retirement is treated more favorably. If the agreement specifies what happens at retirement, that language controls. If it's silent, the payor must file a modification motion.
How much does it cost to litigate spousal support in Virginia?
The circuit court filing fee for a divorce complaint in Virginia is set by the state at $86, with most circuits adding local fees for a total near $100 to $150. That's just the filing. Attorney fees for contested support litigation can easily run $5,000 to $25,000 or more depending on the circuit, how long hearings last, and whether forensic financial analysis is needed. An uncontested negotiated agreement avoids nearly all of that.
Sources
- Virginia General Assembly, Code of Virginia § 20-107.1 (Spousal support): Virginia's 13 statutory factors for spousal support and the adultery bar to receiving support
- Virginia General Assembly, Code of Virginia § 20-108.2 (Child support guidelines): Virginia child support uses a statutory income-shares formula, unlike spousal support
- Fairfax County Circuit Court, Family Law Self-Help Center: Fairfax County published an advisory spousal support worksheet used as a local starting point
- Virginia General Assembly, Code of Virginia § 20-109 (Modification and termination of spousal support): Courts may modify support on material change in circumstances; cohabitation for 12 months allows termination; support ends on remarriage or death
- Virginia's Judicial System, Self-Help and Court Forms: Virginia Courts self-help page links to circuit court forms and financial affidavit forms by county
- Virginia General Assembly, Code of Virginia § 17.1-275 (Fee schedule for circuit courts): Base filing fee for a divorce complaint in Virginia circuit courts is $86, with additional local fees possible
- IRS, Topic No. 452 Alimony and Separate Maintenance: For divorce agreements executed after December 31, 2018, alimony is no longer deductible by the payor or taxable to the recipient
- Virginia General Assembly, Code of Virginia § 20-107.3 (Equitable distribution of marital property): Virginia courts divide marital property equitably, separate from the spousal support determination
- Virginia State Bar, Lawyer Referral Service: The Virginia State Bar operates a lawyer referral service for document review and consultations
- Virginia's Judicial System, Statistical Reports: The Virginia Supreme Court annual statistical report tracks case filings and dispositions but not support dollar amounts
- U.S. Census Bureau, QuickFacts Virginia: Virginia median household income was approximately $87,000 in 2022 per Census estimates