How Virginia Decides Spousal Support

Virginia courts decide spousal support case by case, after considering what contributed to the dissolution, on thirteen factors that include needs, the standard of living, the length of the marriage, contributions and earning capacity.

Forms of support

The court may decree support in periodic payments for a defined duration, in periodic payments for an undefined duration, in a lump sum, or in any combination, and may reserve the right to future support (Va. Code 20-107.1(C) and (D)).

The thirteen factors

In determining the nature, amount and duration of an award, the court shall consider:

Factor
1The obligations, needs and financial resources of the parties, including income from all pension, profit sharing or retirement plans
2The standard of living established during the marriage
3The duration of the marriage
4The age and physical and mental condition of the parties and any special circumstances of the family
5The extent to which a child’s age, condition or special circumstances make it appropriate that a party not seek outside employment
6The monetary and nonmonetary contributions of each party to the well-being of the family
7The property interests of the parties, real and personal, tangible and intangible
8The provisions made with regard to the marital property under section 20-107.3
9The earning capacity, including skills, education and training, and present employment opportunities
10The opportunity, ability, time and costs for a party to acquire education, training and employment to enhance earning ability
11Decisions on employment, career, economics, education and parenting during the marriage and their effect on earning potential, including time out of the job market
12The extent to which either party contributed to the other’s education, training, career position or profession
13Other factors, including tax consequences and the circumstances and grounds that contributed to the dissolution, necessary to consider the equities

Fault first

The court determines whether to award support after considering the circumstances and factors that contributed to the dissolution, specifically including adultery and other grounds for divorce under section 20-91(A)(3) or (6) or 20-95 (20-107.1(E)).

Written findings

In contested circuit court cases, an order granting, reserving or denying support must be accompanied by written findings identifying the factors that support it, and must say whether the retirement of either party was contemplated. For a defined-duration award the findings identify the basis for the nature, amount and duration.

Questions to bring to an attorney

Ask how the court would weigh the factors and the circumstances that contributed to the dissolution.

Next steps

See fault, duration and reserved support and test numbers in the Virginia alimony calculator.

Frequently asked questions

What factors does Virginia use for spousal support?

Thirteen, including needs and resources, the standard of living, the duration of the marriage, contributions, earning capacity and the grounds for divorce.

What forms of spousal support does Virginia allow?

Periodic payments for a defined or undefined duration, a lump sum or a combination, and a reservation of the right to support.

Does Virginia consider tax consequences for spousal support?

Yes. Tax consequences to each party are part of the catch-all factor.

Does the property division affect Virginia spousal support?

Yes. The provisions made for the marital property are a factor.

Does Virginia require written findings for spousal support?

In contested circuit court cases, yes, identifying the factors that support the order.

Official sources

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This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.