Reviewed August 2026
Spousal Support in Virginia
Virginia authorizes spousal support under Va. Code § 20-107.1. Courts can award it as part of a divorce case, and they have flexibility in how they structure it. An award can take the form of periodic payments for a defined term, periodic payments for an undefined term, a lump sum, or some combination of these. There is no statutory formula. Instead, the amount and structure come from a list of 13 factors the court weighs, based on the specific marriage. Virginia also has a fault-based limit that not every state has. If the other spouse has a ground of divorce available against the spouse seeking support, based on adultery or desertion, permanent support generally cannot go to that spouse. There is one exception. A court can find, by clear and convincing evidence, that denying support would be a manifest injustice. That finding must rest on each spouse's degree of fault and their relative economic circumstances. Because the standard is fact-specific, the outcome in a given Virginia case often depends heavily on the evidence presented at the hearing.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Virginia paperwork. See how Virdix works for California divorces.
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The 13 statutory factors
Va. Code § 20-107.1 directs courts to weigh several things. These include each spouse's financial resources and the standard of living set during the marriage. The list also covers the length of the marriage and the age and health of each spouse. Courts must weigh the needs of any children in the parties' care, along with the monetary and nonmonetary contributions each spouse made to the marriage. Property interests, earning capacity, and education matter too. Finally, the factors cover any employment decisions made during the marriage that affected a spouse's earning potential, plus any other factors needed to weigh the equities between the parties.
The adultery and desertion bar
Virginia's statute includes a specific limitation. No permanent maintenance and support can be awarded to a spouse if the other spouse has a ground of divorce available against that spouse, based on adultery or desertion. There is an exception to this rule. A court can still award support if it finds, by clear and convincing evidence, that denying it would work a manifest injustice. That finding has to be based on the parties' respective degrees of fault during the marriage, and their relative economic circumstances. This ties Virginia's support analysis more closely to marital conduct than many states allow.
Duration: defined, undefined, or lump sum
Virginia courts can structure support in several ways. They can order periodic payments for a defined duration, periodic payments for an undefined duration, a lump sum, or a combination of these. Which structure applies depends on what the 13 factors point toward in a specific case. This flexibility means Virginia does not lock every award into a single structure. That is different from a state with a strict marriage-length formula, and it puts real weight on how each side presents the 13 factors at the hearing.
Reserving future support rights
Virginia law also lets a court reserve the right to award support later, rather than deciding the issue right away. A rebuttable presumption applies to this reservation. It continues for a period equal to 50% of the time between the date of the marriage and the date of separation. Separate provisions of Virginia law govern termination of support on remarriage or cohabitation. This page does not confirm their exact current wording, so check your own order or the statute directly before assuming a specific termination rule applies to your case.
Where Virginia spousal support cases are filed
Divorce cases in Virginia, including any request for spousal support, are filed in the circuit court for the county or city where one of the spouses resides. Spousal support is typically decided alongside equitable distribution of marital property, and where children are involved, custody and child support, as part of the same case. Virginia's circuit courts handle these matters locally, so filing procedures, forms, and local rules can vary somewhat from one county or city to the next. Confirm current procedures with the circuit court clerk's office where you plan to file, particularly around required forms and scheduling.
Sources: Va. Code Ann. Section 20-107.1, Spousal Support (Virginia's Legislative Information System), IRS Topic No. 452, Alimony and Separate Maintenance
Not independently confirmed
- Exact current text of Va. Code 20-109 governing termination of spousal support on remarriage or cohabitation (referenced by the main support statute but not independently pulled for this page)
- A working Virginia judicial branch self-help URL specific to spousal support (vacourts.gov self-help paths returned 403 at time of verification)
Spousal Support in Virginia: frequently asked questions
What factors does Virginia use to decide spousal support?+
Va. Code 20-107.1 lists 13 factors. These include each spouse's financial resources, the marital standard of living, marriage duration, age and health, and contributions to the marriage, both monetary and nonmonetary. The list also covers property interests, earning capacity and education, and employment decisions made during the marriage.
Can adultery affect spousal support in Virginia?+
Yes. Virginia law generally bars permanent support to a spouse if the other spouse has a ground of divorce available against them, based on that spouse's adultery or desertion. There is an exception. A court can still award support if it finds, by clear and convincing evidence, that denying it would be a manifest injustice, based on each spouse's fault and economic circumstances.
What structures can Virginia spousal support take?+
A court can order periodic payments for a defined duration, periodic payments for an undefined duration, a lump sum award, or a combination of these. Which option applies depends on the facts of the case, weighed under the statutory factors.
What does it mean for a Virginia court to reserve spousal support?+
A court can decide not to award support immediately, and instead reserve the right to award it later. Virginia law sets a rebuttable presumption for this reservation. It lasts for a period equal to 50% of the time between the marriage date and the date of separation.
Does Virginia spousal support end if the recipient remarries?+
Virginia law addresses this in separate statutory provisions. This page does not confirm their exact current wording, so check your specific decree or the current statute directly rather than assuming a default rule.
Is Virginia spousal support taxable?+
Under federal law, for agreements executed after December 31, 2018, spousal support is not deductible by the paying spouse and not taxable to the recipient. This is a federal Tax Cuts and Jobs Act rule and applies in Virginia the same as in every other state.
This page is general information about spousal support in Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Virginia. Virdix does not prepare or file Virginia divorce paperwork. It is not a substitute for an attorney licensed in Virginia.
More Virginia divorce guides
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