You’re trying to budget for two households now, and both of you want the same answer: what happens to support? In Virginia, people still say “alimony,” but the statute uses “maintenance and support” or “spousal support” (Va. Code § 20-107.1). Final support is not a simple calculator result. A judge looks at your marriage, your income, your property, your future earning ability, and the reasons the relationship ended.
How Virginia courts decide spousal support
Virginia courts can award spousal support in more than one form. Under Va. Code § 20-107.1, a judge may order periodic payments for a defined duration, periodic payments for an undefined duration, a lump sum, or a combination of those options. A court may also reserve your right to seek support later, which matters in cases where support is not appropriate now but may be needed after a health change, job loss, or delayed return to the workforce.
This is why a spousal support lawyer Virginia families call early can make a real difference in case planning. Final support turns on evidence, not shortcuts. You need pay records, budgets, tax returns, proof of debts, and a clear story about how the marriage functioned. If you’re also sorting out the broader divorce case, this page gives helpful background on the process: https://www.attorneyholcomb.com/divorce-lawyer/
In most divorce-based support cases, you’re in circuit court. The Virginia court system states that circuit courts handle divorce, so support disputes tied to divorce are commonly heard in Newport News Circuit Court or Virginia Beach Circuit Court, depending on where venue is proper.
The 13 factors Virginia judges must weigh
Virginia does not use a fixed final-alimony formula. Instead, Va. Code § 20-107.1(E) requires the judge to consider 13 statutory factors when deciding the nature, amount, and duration of support.
- Your obligations, needs, and financial resources, including retirement income.
- The standard of living established during the marriage.
- The length of the marriage.
- Your age, health, and any special family circumstances.
- Whether a child’s needs make it reasonable for one spouse to stay out of the workforce.
- Each spouse’s monetary and nonmonetary contributions to the family.
- Each spouse’s property interests.
- What happens to marital property in equitable distribution under Va. Code § 20-107.3.
- Each spouse’s earning capacity, skills, education, and available job opportunities.
- The time and cost needed for education or retraining.
- Marriage decisions that affected earnings, including time out of the job market.
- Whether one spouse helped the other build a degree, license, or career.
- Any other factor needed to reach a fair result, including tax consequences and grounds for divorce.
That list tells you something important: your case is not just about who earned more on the date of separation. If you put your career on hold to raise children, moved repeatedly for your spouse’s work, or helped finance the other spouse’s professional growth, those facts matter. The same is true if both of you stayed employed, kept similar incomes, and built separate retirement assets.
Pendente lite support versus permanent support
“Pendente lite” is a Latin phrase that means while the case is pending. In plain English, it is temporary support while your divorce is still moving through the court system. Virginia allows pendente lite support orders under Va. Code § 20-103, and the statute includes a presumptive formula in cases where the parties’ combined monthly gross income does not exceed $10,000.
If you have no minor children together, the presumptive amount is 27 percent of the payor spouse’s monthly gross income minus 50 percent of the payee spouse’s monthly gross income. If you do have minor children together, the presumptive amount is 26 percent of the payor spouse’s monthly gross income minus 58 percent of the payee spouse’s monthly gross income. The court may still deviate for good cause.
Here is a simple example. Assume your spouse earns $6,000 gross per month, you earn $2,000 gross per month, and you have no minor children together. The temporary-support formula would start with $1,620 minus $1,000, which equals $620 per month. That does not mean you will receive $620 in final alimony after the divorce. Temporary support is a starting point for the pending case. Final support goes back to the 13 factors in Va. Code § 20-107.1.
What you can get and what you usually cannot
You can ask for short-term support to help you get back on your feet. You can ask for longer-term support when the marriage was lengthy, your earning capacity is much lower, or your health limits work. You can ask for a lump-sum structure in the right case. You may even ask the court to reserve your right to seek support later under Va. Code § 20-107.1(D), which can protect you if the immediate numbers do not justify an award but the future is uncertain.
You usually cannot walk into court and demand a set percentage of your spouse’s paycheck for a set number of years. Virginia law does not give you an automatic half-and-half rule. It also does not treat Virginia as a community property state. Property division is handled through equitable distribution under Va. Code § 20-107.3, support is a separate question, and Va. Code § 20-107.1 also says support cannot be made payable by the estate of a deceased spouse.
There is another major limit. Under Va. Code § 20-107.1(B), a spouse generally cannot receive permanent support from the other spouse if that other spouse has a ground of divorce in his or her favor under Va. Code § 20-91(A)(1), which includes adultery. The court can still award support if denying it would create a manifest injustice, but that is an exception, not the starting point.
What local practice means in Newport News and Virginia Beach
The big rules come from statewide Virginia statutes, but local practice still matters. Divorce cases in Newport News and Virginia Beach are heard in the circuit courts, and local scheduling and hearing expectations can shape how quickly a temporary support issue is heard. You can review court information at https://www.vacourts.gov and current Virginia statutes at https://law.lis.virginia.gov. Licensing information for attorneys is available through the Virginia State Bar at https://www.vsb.org.
That local reality matters when you’re asking, “How much alimony will I get, in Virginia?” Two cases with similar incomes can end differently if one spouse has a stronger paper trail, a better budget, or clearer evidence of career sacrifice. A judge needs specifics, not just broad claims that things were expensive or unfair.
Length of marriage matters, but it is not the whole story. A 15-year marriage where one spouse left the workforce to raise children will usually look different from a four-year marriage where both spouses remained fully employed. Holcomb Law’s page on that issue gives useful background here: https://www.attorneyholcomb.com/length-of-marriage-spousal-support-in-virginia/
When support can be modified or terminated
Support orders are not always locked in forever. Under Va. Code § 20-109, a court may increase, decrease, or terminate support based on a material change in circumstances. For defined-duration support, the petition generally must be filed during the support period. A material change might involve a major job loss, a serious illness, a large income increase, or another event the court did not reasonably expect when support was set.
Some endings are built right into the statute. Unless a contract says otherwise, support terminates on the death of either party or the remarriage of the spouse receiving support. Cohabitation can matter too. If the receiving spouse has been habitually cohabiting with another person in a relationship analogous to marriage for one year or more, the court shall terminate support unless the agreement says otherwise or termination would be unconscionable under Va. Code § 20-109(A).
Retirement can also be a basis to revisit support. Va. Code § 20-109 says the payor spouse’s attainment of full retirement age is considered a material change in circumstances for modification purposes. The court then looks at added retirement-specific factors, including whether retirement was expected when support was set, whether it is mandatory or voluntary, how income changed, the parties’ ages and health, how much support has already been paid, and the parties’ assets.
Military families need a separate look
In Newport News and Virginia Beach, military service often changes the support analysis. Households connected to Fort Eustis, Langley Air Force Base, or NAS Oceana may have income that includes basic pay, Basic Allowance for Housing, special pay, or deployment-related records. Those details can affect both temporary support calculations and the judge’s view of actual resources.
Military divorce also creates a property issue that people sometimes confuse with alimony. Division of military retired pay may be affected by the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408, but that is not the same thing as spousal support under Virginia law. If your family has PCS moves, time out of the workforce, or relocations tied to military orders, those facts can help explain why one spouse’s earning power changed during the marriage.
Frequently Asked Questions
How much alimony will I get in Virginia?
For final spousal support, there is no one-size-fits-all formula. The judge looks at the 13 factors in Va. Code § 20-107.1(E). For temporary support during the divorce, Va. Code § 20-103 includes a presumptive formula in certain cases where combined monthly gross income does not exceed $10,000, but that is only a starting point and can be changed for good cause.
Can I get spousal support if I worked during the marriage?
Yes. Working during the marriage does not disqualify you. The court still looks at income differences, earning capacity, time out of the workforce, childcare responsibilities, standard of living, and whether the marriage affected your long-term earning power under Va. Code § 20-107.1(E).
Does adultery automatically block alimony in Virginia?
Not always, but it can be a major barrier. Under Va. Code § 20-107.1(B), a spouse generally cannot receive permanent support if the other spouse has a ground of divorce in his or her favor under Va. Code § 20-91(A)(1). The court can still award support if denying it would create a manifest injustice, but that is the exception.
Can spousal support be changed after retirement?
Often, yes. Va. Code § 20-109 treats the payor spouse’s attainment of full retirement age as a material change in circumstances for modification purposes. The court still has to review the facts, including whether retirement was expected when support was first ordered and whether any agreement made support nonmodifiable.
What happens if my ex moves in with a new partner?
That can be grounds to terminate support. Under Va. Code § 20-109(A), support can end if the receiving spouse has been habitually cohabiting with another person in a relationship analogous to marriage for one year or more, unless an agreement says otherwise or termination would be unconscionable.
If you’re dealing with spousal support or an alimony dispute, the attorneys at Holcomb Law are ready to help. We handle divorce and family law cases across Newport News, Hampton, Virginia Beach, and Lynchburg—and we understand how much is at stake for you and your family. Call us or contact us online at https://www.attorneyholcomb.com/contact/ to schedule a consultation.
