Modifying and Ending Virginia Spousal Support

By the FigureMyTax Editorial Team · How we calculate

Virginia spousal support ends on either party’s death or the payee’s remarriage unless a contract says otherwise, the court shall end it for habitual cohabitation of a year or more, and the payor’s full retirement age is a material change in circumstances.

Changing the amount or duration

On petition, the court may increase, decrease or terminate the amount or duration of spousal support that accrues after the petition, as the circumstances make proper. For a defined-duration award, a petition must be filed within the time the award covers, and the court may change it on finding a material change in the circumstances not reasonably in the contemplation of the parties when the award was made, or that an anticipated event significant in making the award did not occur through no fault of the party seeking modification (Va. Code 20-109(A) and (B)).

Death and remarriage

Unless a stipulation or contract provides otherwise, spousal support terminates on the death of either party or the remarriage of the spouse receiving support, who must notify the payor immediately of a remarriage (20-109(D)).

Cohabitation

On clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more, the court shall terminate support unless a stipulation or contract provides otherwise or the recipient proves by a preponderance of the evidence that termination would be unconscionable.

Retirement

The payor’s attainment of full retirement age under the Social Security Act is a material change in circumstances. The court then decides whether to modify or terminate, considering whether retirement was contemplated when support was awarded, whether it is mandatory or voluntary, the change in either party’s income, ages and health, the support already paid and each party’s assets (20-109(E) and (F)).

Contracts

A stipulation or contract signed by the recipient and filed before the final decree controls the support order. For contracts executed on or after July 1, 2018, a request to modify based on a material change cannot be denied solely because of the contract’s terms unless it expressly states that the amount or duration is non-modifiable.

Questions for the negotiation

Decide what ends or changes support, including remarriage, cohabitation and retirement, and whether it should be non-modifiable.

Next steps

Decide in negotiation how remarriage, cohabitation and retirement should be handled, and test numbers in the Virginia alimony calculator.

Frequently asked questions

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

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.