Virginia Alimony / Spousal Support Estimator

Virginia has no formula for permanent spousal support — judges use broad discretion under Code of Virginia § 20-107.1, weighing 13 statutory factors. For temporary (pendente lite) support, § 16.1-278.17:1 provides a formula: 27% of the payor's gross income minus 50% of the payee's gross income when there are no minor children, applicable when combined monthly income is $10,000 or less. Final support amounts depend on marriage duration, earning capacity, and the standard of living established during the marriage.

Virginia courts may award temporary (pendente lite) support during divorce proceedings, rehabilitative support for a defined period to allow job training or education, permanent support for an undefined duration, or lump-sum payments. Courts can also order any combination of these types under § 20-107.1. Rehabilitative support is the most commonly awarded form, while permanent alimony is increasingly rare and typically reserved for marriages lasting 20 or more years where self-sufficiency is not realistic.

Virginia law sets no fixed duration for spousal support — length is determined case by case based on the 13 factors in § 20-107.1, with marriage duration being a primary consideration. Longer marriages generally result in longer support periods, and marriages exceeding 20 years may lead to indefinite awards. When courts reserve the right to future support rather than awarding it immediately, the reservation period carries a rebuttable presumption of 50% of the marriage length.

Under § 20-107.1(E), Virginia courts weigh 13 factors: each party's financial obligations, needs, and resources including retirement income; the marital standard of living; marriage duration; age and physical or mental condition; childcare responsibilities; monetary and nonmonetary contributions to the family; property interests; the equitable distribution award under § 20-107.3; earning capacity and employment history; career sacrifices made during the marriage; and tax consequences. The court must also consider fault grounds, specifically adultery.

Yes, either spouse may petition to modify spousal support in Virginia by demonstrating a material change in circumstances since the last order, as provided under Code of Virginia § 20-109. Common qualifying changes include job loss, significant income increase or decrease, serious illness, or disability. Spousal support automatically terminates upon the death of either party or the remarriage of the receiving spouse, and cohabitation by the recipient may also trigger termination.

Adultery is a statutory bar to receiving spousal support in Virginia under § 20-107.1(B). If a spouse is found to have committed adultery, the court must deny permanent support unless the requesting spouse proves by clear and convincing evidence that denial would constitute a 'manifest injustice,' considering the relative degrees of fault and the parties' economic circumstances. This is a high legal threshold. Notably, adultery is not a factor in temporary (pendente lite) support — only financial considerations apply at that stage.

For all divorce agreements executed after December 31, 2018, spousal support payments are not tax-deductible for the payor and not counted as taxable income for the recipient under the federal Tax Cuts and Jobs Act. Virginia follows this federal tax treatment. For agreements finalized before January 1, 2019, the prior rules apply unless the agreement is modified to adopt the new treatment. This federal change can significantly affect net support calculations during Virginia divorce negotiations.

Yes, Virginia allows spouses to waive spousal support rights through a valid prenuptial agreement under the Virginia Premarital Agreement Act (§ 20-147 through § 20-155) or through a Property Settlement Agreement executed during separation. Both parties must enter the agreement voluntarily with full financial disclosure. Virginia courts generally enforce these waivers unless unconscionability or fraud is demonstrated at the time of execution.