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 | |
|---|---|
| 1 | The obligations, needs and financial resources of the parties, including income from all pension, profit sharing or retirement plans |
| 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 a child’s age, condition or special circumstances make it appropriate that a party not seek outside employment |
| 6 | The monetary and nonmonetary contributions of each party to the well-being of the family |
| 7 | The property interests of the parties, real and personal, tangible and intangible |
| 8 | The provisions made with regard to the marital property under section 20-107.3 |
| 9 | The earning capacity, including skills, education and training, and present employment opportunities |
| 10 | The opportunity, ability, time and costs for a party to acquire education, training and employment to enhance earning ability |
| 11 | Decisions on employment, career, economics, education and parenting during the marriage and their effect on earning potential, including time out of the job market |
| 12 | The extent to which either party contributed to the other’s education, training, career position or profession |
| 13 | Other 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
- Va. Code 20-107.1: court may decree maintenance and support of spouses
- Va. Code 20-109: changing maintenance and support for a spouse
A local family law attorney can review your situation — many offer a free consultation.
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.