Spousal support (sometimes referred to as “alimony”) in Virginia is financial assistance paid by one spouse to another during the parties’ separation and/or following divorce. Its purpose is to minimize unfair economic consequences by providing financial support to a dependent spouse who may have sacrificed career opportunities for the marriage or needs time to become self-supporting. Virginia law aims to balance one spouse’s need with the other spouse’s ability to pay.
This can be awarded during the divorce proceedings to maintain financial stability until the parties reach an Agreement or a final hearing is held between the parties. Because this type of support is determined in a short hearing at the beginning of a divorce case, courts generally use guidelines to determine the appropriate amount to be paid. Those guidelines are:
- For cases that involve minor children: 26% of the Payor’s gross income minus 58% of the Payee’s income.
- For cases that do not involve minor children: 27% of the Payor’s income minus 50% of the Payee’s income.
A time-limited support intended to help the receiving spouse gain education, training, or experience to become self-supporting.
A long-term or indefinite support typically awarded in long-term marriages where one spouse is unlikely to become self-supporting due to age, health, or other factors.
This refers to a one-time payment rather than periodic payments.
A period of time during which a spouse may seek alimony after the divorce is final if there has been a material change in circumstances that would warrant an award. The presumptive length of the reservation is one-half of the length of the marriage (measured from the date of marriage to the date of separation).
When determining whether to award spousal support, the court is required to consider the factors and circumstances that led to the dissolution of the marriage, specifically adultery. With limited exceptions, a spouse that is found to have committed adultery during the marriage will be barred from receiving spousal support. It is important to note that under current law, post-separation adultery can be a bar to alimony.
If a court finds that it would be appropriate to award spousal support, then it must consider the following factors when determining the nature, amount and duration of the award:
- Each spouse’s income and earning capacity
- Age and physical/mental condition of both parties
- Special circumstances or needs of either spouse
- Duration of the marriage
- Standard of living established during the marriage
- Each spouse’s contributions to the family’s well-being
- Property interests of the parties
- Each spouse’s education, and employment history
- Tax consequences
- Marital fault/grounds for divorce
- Opportunity for education or training to enhance earning ability
- Decisions regarding employment, career, or education during marriage
- Other factors necessary for an equitable result
Each case is unique, and courts have significant discretion in determining the duration a spousal support award. The following is considered typical in divorce cases:
- Short marriages (under 5 years): Brief rehabilitative support (or perhaps lump sum alimony)
- Mid-length marriages (5-20 years): Support for a defined period (sometimes for a period equal to one-half of the length of the marriage, measured from the date of marriage to the date of separation)
- Long marriages (over 20 years): Longer-term or support for an indefinite period of time
Unless the spousal support being paid by one spouse to another is non-modifiable pursuant to a written Agreement between them, it can be modified by a court of competent jurisdiction that finds that there has been a material change in circumstances (job loss, retirement, significant income change) that justifies a modification of support.
Spousal support will be terminated if the recipient remarries (unless otherwise specified in a written agreement between the parties), or upon the death of either party.
Spousal support will also be terminated if the payor spouse proves that the recipient spouse has been cohabiting with another person in a marriage-like relationship for more than one year unless one of the two following exceptions apply: the parties’ Agreement provides otherwise or the recipient spouse proves by a preponderance of the evidence that termination would be “unconscionable.” Unconscionable means so unfair or unjust that it shocks the conscience.
For divorces finalized after December 31, 2018:
- Spousal support is NOT tax-deductible for the payor
- Spousal support is NOT taxable income for the recipient
This represented a significant change from previous tax law and impacts how attorneys and judges calculate appropriate support amounts.
The Big Beautiful Bill Act, which was signed into law on July 4, 2025, did not alter this alimony tax treatment.
Valid prenuptial or postnuptial agreements can save parties significant sums of money in attorneys’ fees (and the stress of contested litigation). In such Agreements, spouses can agree ahead of time to:
- Waive spousal support entirely
- Establish predetermined support amounts
- Set specific conditions for support
- Create custom formulas for calculation
- Define duration limitations
Courts generally uphold these agreements if they were properly executed, involved full financial disclosure, and are not unconscionable.
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