How Spousal Support Works in Virginia Divorce
Divorce brings major changes, especially when it comes to finances. In Virginia, one of the most significant issues is whether one spouse will pay the other spousal support, commonly called alimony.
At the Law Office of Li-Shann Durst, PLLC, we help clients in Ashburn, Loudoun County, and Fairfax County understand their rights and obligations under Virginia law.
What Is Spousal Support?
Spousal support is a court-ordered payment from one spouse to another during or after divorce. Its purpose is to:
Provide financial stability for a spouse who earns less
Help balance disparities in income and resources
Support a spouse while they transition to financial independence
Spousal support is not automatic in Virginia. Courts carefully weigh eligibility and the type of support appropriate in each case.
Types of Spousal Support in Virginia
Virginia law recognizes several types of spousal support:
Temporary (pendente lite): Awarded during the divorce process to cover immediate needs.
Rehabilitative: Granted for a specific time to help a spouse gain education or training for self-support.
Permanent: Awarded in long-term marriages where one spouse cannot become self-supporting.
Lump-sum: A one-time payment instead of ongoing support.
Factors Courts Consider
When deciding spousal support, Virginia courts evaluate multiple factors under Virginia Code § 20-107.1, including:
Duration of the marriage
Standard of living during the marriage
Age and physical/mental condition of each spouse
Contributions to the marriage, both financial and non-financial
Income, assets, and earning capacity of each spouse
Property division and distribution of debts
Any history of family abuse
Can Spousal Support Be Modified?
Yes. Once awarded, spousal support may be modified if there is a material change in circumstances, such as:
Significant income changes (job loss or promotion)
Retirement of the paying spouse
Change in the receiving spouse’s financial needs
Remarriage or cohabitation of the receiving spouse
How Attorneys Help with Spousal Support
Spousal support can be one of the most contested issues in divorce. An attorney can:
Help determine eligibility under Virginia law
Negotiate fair terms through mediation or collaborative law
Represent your interests in court if needed
Draft agreements that protect your financial future
FAQs About Spousal Support in Virginia
Is spousal support guaranteed in Virginia?
No. Courts determine support based on need, ability to pay, and statutory factors.
How long does spousal support last?
It depends on the type. Rehabilitative support may last a few years, while permanent support may continue indefinitely in long-term marriages.
Can we agree on support without going to court?
Yes. Couples may negotiate spousal support in a Property Settlement Agreement, subject to court approval.
Related Services
Speak With a Family Attorney
If you are facing divorce and have questions about spousal support, we can help you understand your rights and options.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.