Spousal Support in Virginia

Written by: Kate Beurmann-O’Neill

If you are facing divorce or separation in Virginia, questions about spousal support, sometimes referred to as alimony, are often among the most stressful and financially significant issues. Virginia law provides a detailed framework for when spousal support may be awarded, how it is calculated, and how long it may last.

At Vanderpool, Frostick & Nishanian, P.C., we are a full-service Virginia law firm that has recently expanded to include dedicated family law and divorce representation. This allows our clients to receive comprehensive legal guidance under one roof—whether their case involves spousal support, child custody, child support, property division, or related financial matters.

Below is an overview of Virginia spousal support law, with a focus on what courts actually consider and how these rules affect real families across the Commonwealth.

Temporary (Pendente Lite) Spousal Support in Virginia

Pendente lite spousal support is temporary support awarded while a Virginia divorce or separation case is pending. The goal is to provide financial stability to a dependent spouse during the litigation process.

How Virginia Courts Calculate Pendente Lite Support

Under Virginia Code § 20-103, courts may use a presumptive guideline formula to calculate temporary spousal support:

• When the parties share minor children:
  • 26% of the payor spouse’s monthly gross income
  • minus 58% of the payee spouse’s monthly gross income
• When there are no minor children:
  • 27% of the payor spouse’s monthly gross income
  • minus 50% of the payee spouse’s monthly gross income

While these guidelines are commonly used in Virginia courts, they are not mandatory. Judges may deviate from the formula for good cause, including the parties’ overall financial circumstances, potential tax consequences, debt obligations, or other equitable considerations

In cases involving both spousal support and child support, Virginia law requires that pendente lite spousal support be determined first, which can significantly affect the final support numbers.

Permanent Spousal Support in Virginia

Unlike temporary support, permanent spousal support in Virginia is not determined by a formula. Instead, courts must evaluate a comprehensive list of statutory factors under Virginia Code § 20-107.1.

Factors Considered by Virginia Courts

When deciding whether to award permanent spousal support—and in what amount or duration—Virginia judges consider factors such as:

• The length of the marriage
• The standard of living established during the marriage
• Each spouse’s income, earning capacity, and financial resources
• The needs, obligations, and liabilities of each party
• Monetary and non-monetary contributions to the family, including child-rearing
• The circumstances and factors that led to the breakdown of the marriage

In contested cases, courts are required to issue written findings identifying which statutory factors support the spousal support decision.

Forms of Permanent Spousal Support

Permanent spousal support in Virginia may be awarded as either monthly or periodic payments, or a lump-sum award, or even could be awarded as a combination of both.

Unless support is waived or restricted by agreement of the parties, permanent spousal support may later be modified upon a material change in circumstances.

Key Differences Between Temporary and Permanent Spousal Support

Understanding the distinction between these two types of support is essential in any Virginia divorce case:

• Pendente lite support is temporary and guideline-based
• Permanent spousal support is long-term and factor-driven
• Courts may not rely on temporary support formulas when deciding permanent support

Virginia appellate courts have repeatedly emphasized that these are separate legal analyses, each governed by its own statutory scheme.

Why Work With a Virginia Spousal Support Attorney?

Spousal support determinations can have long-lasting financial consequences. Whether you are seeking support or contesting an award, outcomes often depend on: – Accurate income analysis – Strategic presentation of statutory factors – Knowledge of local Virginia court practices

At Vanderpool, Frostick & Nishanian, P.C., our family law clients benefit from the resources of a full-service Virginia law firm, allowing us to address spousal support issues alongside property division, business interests, retirement assets, and custody concerns.

Speak With a Virginia Family Law Attorney Today

If you have questions about spousal support, alimony, or divorce in Virginia, our firm is ready to help. Contact Vanderpool, Frostick & Nishanian, P.C. today to schedule a consultation with a Virginia family law attorney and learn how we can protect your financial future.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

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This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer