Spousal support, also known as, alimony is the payment of money by one spouse to the other after separation or divorce. There are many factors that determine if you qualify for spousal support in Virginia.
We, American Lawyers Group, have experienced Divorce Attorneys in Northern Virginia who deal with cases on spousal support. Keep reading to educate yourself and see if you qualify or not.
How is spousal support determined?
Spousal support is determined through how the court needs to consider all evidence of both parties that show need of financial help.
Factors such as each party’s:
- Financial needs and resources
- Earning capacity
- Contributions to the marriage are considered, regardless of any concurrent child support obligations.
- Responsibility for the dissolution of the marriage
In Virginia, spousal support is determined independently of whether child support is involved. The court evaluates spousal support based solely on the circumstances of the parties and the evidence presented in each individual case. But, it can be different if there is child support added into the case which shows both parties having split custody or shared custody.
While child support follows statutory guidelines with a rebuttable presumption of correctness, spousal support decisions rely on the court’s discretion and are tailored to the unique facts of the case. Therefore, the presence or absence of child support does not directly affect the determination of spousal support, though the total financial picture of both parties may be taken into account.
It is important to know that spousal support terminates automatically if the supported spouse remarries or if either spouse dies. If the supported spouse has been cohabiting in a marriage-like relationship for one year or more, the court may terminate support upon request by the paying spouse.
Marital Fault and Spousal Support (VA Code § 20-107.1(B)):
In Virginia, marital fault which includes adultery, cruelty, or desertion can directly impact spousal support decisions. If the spouse requesting support committed adultery, they are generally barred from receiving it unless denying support would be a “manifest injustice.” However, fault is just one of many factors and does not automatically determine the outcome.
Can you get spousal support before divorce?
Yes, Virginia allows this because of pendente lite spousal support. It is a temporary spousal support that the court orders the high-earning spouse to pay the low-earning spouse to pay if they were financially dependent on the higher-earning spouse. It is important to know that it is only temporary and will end after the divorce is finalized.
Determination of pendente lite spousal support (
VA Code. § 16.1-278.17:1.) & (VA Code. § 20-103)
It is important to know that pendente lite spousal support is only a temporary measure until final orders are issued and doesn’t guarantee permanent support. Pendente lite spousal support is determined through a specific formula that includes various factors like income, earnings, length of marriage, standard of living, of both spouses. This formula ONLY applies if the combined monthly gross income is below $10,000. The pendente lite guidelines apply to all support cases in juvenile court, all divorce actions in circuit court, and all separate maintenance claims in circuit court that begin after July 1, 2020.
Below is a table that shows how pendente lite spousal support is calculated:
Pendente Lite Spousal Support Formula
| Condition | Formula |
| With minor children in common | (0.26 × Payor’s Monthly Gross Income) − (0.58 × Payee’s Monthly Gross Income) |
| Without minor children in common | (0.27 × Payor’s Monthly Gross Income) − (0.50 × Payee’s Monthly Gross Income) |
Example Calculation:
Payor’s gross income: $6,000/month Payee’s gross income: $2,000/month
With minor children in common:
(0.26 x $6,000) – (0.50 x $2,000) = $1,560 – $1,000 = $560/month in support
No minor children in common:
(0.27 × $6,000) − (0.50 × $2,000) = $1,620 − $1,000 = $620/month in support
For monthly gross incomes that exceed $10,000, the courts will refer to VA. Code 20-107.1 to determine the pendente lite spousal support the lesser earning spouse will get monthly.
Can I request more spousal support?
VA. Code § 20-109.
Yes, you can request for an increase in spousal support. In Virginia, if you want an increase of spousal support, the court must find that there has been a “material change in circumstances”. Pursuant to § 20-107.1, these specific factors listed below will help you see if you qualify for a modification and increase in spousal support.
This means that if there were any changes (decrease) in these factors (Subsection E of § 20-107.1) :
- Each person’s financial needs, obligations, and resources (including retirement income).
- The lifestyle the couple had during the marriage.
- How long the marriage lasted.
- Each person’s age, health, and any special family needs.
- Whether a child’s needs prevent one parent from working.
- What each person contributed to the family, both financially and otherwise.
- The property each person owns.
- How the couple divided their marital property.
- Each person’s ability to earn money, based on their skills and education.
- What it would take (time, cost, etc.) for someone to improve their job skills.
- Career and parenting choices made during the marriage, and how they affect earning potential.
- Whether one person helped the other advance in their career or education.
- Any other relevant factors, including taxes and reasons for the divorce.
When Spousal Support Can Be Modified (Subsection F of § 20-107.1) :
If one party asks to change spousal support because of a material change in circumstances, the court must:
- Review the same legal factors used in the original support decision (like income, health, length of the marriage, earning ability, etc.).
- Explain in writing how those factors apply to the current situation.
- State whether retirement was expected and considered, and if so, explain how it affects the support decision.
- Justify any changes to the amount or length of support, including what future events (like a job change or health issue) were considered.
Tax requirements on spousal support
As of 2025, the tax requirements of spousal support depends on when the divorce or separation agreement was finalized or last modified.
For agreements finalized before January 1, 2019:
- Alimony payments are tax-deductible for the person paying
- Must be reported as taxable income by the recipient.
This remains the case unless the agreement was later modified and the modification explicitly states that the new tax rules apply.
For agreements finalized or modified on or after January 1, 2019:
The rules have changed under the Tax Cuts and Jobs Act:
- Alimony payments are no longer tax-deductible for the payer
- The recipient does not need to report them as income.
These rules apply only if the modification specifically opts into the new tax treatment. It’s also important to note that child support is never deductible or taxable in Virginia.
Contact the American Lawyers Group
If you have any more questions on spousal support, our experienced Divorce Attorneys in Northern Virginia are here to assist you every step of the way on your case relating to spousal support, child support, or divorce. Call us today at (703) 786-8340 to schedule a consultation.