Spousal Support
Focus on What Matters Most
Spousal Support/Alimony
A husband and wife have a duty to financially support each other. Spousal support, also known as alimony, is paid to an individual by their former spouse after they divorce or separate. Virginia’s spousal support laws give the courts authority to award “rehabilitative alimony” and is not awarded to punish a guilty spouse. Rather, spousal support/alimony is given to lessen the financial impact of divorce on the party who is less financially independent.
Understanding Spousal Support in Virginia
Designed to Promote Financial Fairness: Spousal support/alimony helps ensure that neither spouse is left at a significant financial disadvantage after divorce, particularly if one partner earned significantly less during the marriage.
Can Be Temporary or Ongoing: Support may be awarded for a limited time (rehabilitative) or long-term, depending on the circumstances of the case and the goals of each spouse’s financial independence.
Modifiable or Non-Modifiable by Agreement: In a marital settlement agreement, spouses can agree whether support will be modifiable based on future changes, or fixed and non-reviewable.
Tax Implications Have Changed: For divorces finalized after 2018, spousal support is no longer deductible to the payer or taxable to the recipient under federal law—something to carefully consider in negotiations.