Can I get alimony in Virginia

Yes, you may be able to obtain alimony—legally called spousal support—in Virginia if the court finds that you are financially dependent on your spouse, or that your spouse is at fault for the marriage’s breakdown and you need support to maintain a standard of living consistent with the marriage. Virginia law authorizes several forms of spousal support, but eligibility depends on a set of statutory factors the court must weigh. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., handles spousal support matters throughout Virginia, guiding clients through petitions, pendente lite requests, and modification proceedings. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Virginia’s spousal support law says

Virginia Code § 20-107.1 is the controlling statute for alimony. Rather than applying a simple formula, the law requires a judge to consider 13 separate factors before ordering any amount of support. These factors range from the standard of living established during the marriage to each spouse’s age, health, earning capacity, and contributions to the family’s well-being. Because Virginia is an equitable distribution state, the division of marital property under § 20-107.3 also influences the support award—a spouse who receives substantial assets may be less likely to obtain ongoing alimony. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which refined portions of Virginia’s equitable distribution statute, and he understands how property classification and spousal support interact.

Virginia recognizes several distinct types of spousal support. Pendente lite support is temporary relief while a divorce is pending, designed to preserve the financial status quo. Rehabilitative alimony is support for a defined period, giving a dependent spouse time to obtain education, job training, or re-entry into the workforce. Permanent spousal support—often called indefinite support—may be awarded when a spouse is unable to become self-sufficient because of age, disability, or the length of the marriage, or when the marriage involved exceptional circumstances. A court may also order lump-sum support in lieu of periodic payments. Mr. Sris and his Of Counsel bring extensive combined legal experience to evaluate which type of support is appropriate for your situation.

How the court decides whether to award alimony

Virginia judges do not have unlimited discretion. They must analyze the 13 statutory factors set forth in § 20-107.1(E). These include: (1) the obligations, needs, and financial resources of each party; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the age and physical and mental condition of each spouse; (5) contributions, monetary and non-monetary, to the family’s well-being; (6) the parties’ respective earning capacities, including job skills, education, and the time needed for education or training; (7) the property interests of each party; (8) the extent to which either party contributed to the attainment of the other’s education, training, or career; (9) tax consequences to each party; (10) any history of family abuse; (11) the grounds for the divorce; (12) the provisions made in any prenuptial or postnuptial agreement; and (13) the relative fault of the parties in the dissolution of the marriage.

This broad analysis means that no two spousal support awards are identical. The court must balance the receiving spouse’s need against the paying spouse’s ability to pay, and the outcome depends heavily on the facts presented at trial or negotiated in a settlement. Having an experienced attorney who knows how to marshal evidence on each factor is essential. Mr. Sris appears in Circuit Courts across Virginia—including those in Fairfax County, the City of Fairfax, Falls Church, Prince William County, and beyond—presenting the financial picture and the equities of each case.

What you need to establish when requesting alimony

To obtain spousal support, you must prove financial need and the other spouse’s ability to pay. Evidence commonly introduced includes pay stubs, tax returns, bank statements, retirement account statements, and documentation of monthly living expenses. In cases where one spouse is unemployed or underemployed, a vocational evaluation may be presented to establish earning capacity rather than actual earnings. Forensic accountants are often engaged in complex marital estates to trace income streams and value business interests.

If fault grounds such as adultery or cruelty are pled, those may affect the support determination. While fault is only one of the 13 factors, it can sometimes tilt the balance toward a more generous or more restrictive award. Virginia does not have a formulaic guideline for spousal support similar to the child support guidelines; the judge’s decision is always fact-specific. Mr. Sris and his Of Counsel have helped clients in Richmond, Arlington, Loudoun County, and throughout the Commonwealth present complete financial disclosures so the court has a clear picture of the marital finances.

Modification and enforcement of spousal support

Spousal support orders are not always permanent. Under Virginia law, either party may seek modification if there has been a material change in circumstances since the original order—such as a substantial increase or decrease in either spouse’s income, involuntary job loss, health deterioration, or remarriage of the recipient. The party requesting the change carries the burden of proving the new circumstance warrants a modification.

If a paying spouse fails to meet support obligations, the recipient can seek enforcement through the court. Remedies for contempt include income-withholding orders, wage garnishment, and, in severe cases, jail time for willful non-payment. Law Offices Of SRIS, P.C. handles spousal support enforcement proceedings, working to ensure that valid court orders are honored.

Frequently Asked Questions

1. What is the difference between alimony and spousal support in Virginia?

In Virginia, the terms alimony and spousal support refer to the same concept—financial payments from one spouse to the other ordered in connection with a divorce. While older usage favored “alimony,” modern Virginia statutes use “spousal support.” The two are interchangeable, and both are governed by Va. Code § 20-107.1. The court may order periodic payments or a lump sum, depending on the circumstances.

2. Do I automatically get alimony if I’ve been a stay‑at‑home parent?

No, Virginia law does not grant automatic alimony to anyone. You must demonstrate both need and the other spouse’s ability to pay. A long-term stay‑at‑home parent may have a strong case for rehabilitative or permanent support because re‑entering the workforce can require education or training, but the judge still weighs all 13 statutory factors. The length of the marriage, the standard of living, and the other spouse’s income are particularly important.

3. How long must I be married to get spousal support in Virginia?

There is no fixed minimum marriage duration required by Virginia statute. The length of the marriage is one of the 13 factors the judge considers, but a short marriage does not automatically bar support, nor does a long marriage guarantee it. In general, longer marriages—particularly those lasting over a decade—tend to support a stronger claim for spousal support, especially when one spouse sacrificed career advancement for the family.

4. Can adultery affect my alimony award?

Yes, adultery can impact spousal support in Virginia. If you are the spouse seeking support and you committed adultery, the court generally cannot award spousal support to you unless the other spouse’s own misconduct or the relative economic circumstances would make a denial manifestly unjust. Conversely, if your spouse committed adultery and that contributed to the divorce, the court may weigh the fault against them when setting the amount of support. Adultery is a fault ground for divorce in Virginia and is one of the 13 factors the court examines under § 20-107.1.

5. How long does it take to get a temporary support order?

Temporary spousal support, called pendente lite support, can be requested shortly after a divorce complaint is filed, and the court typically schedules a hearing within a few weeks to a couple of months. The exact timing depends on the court’s calendar and the complexity of the financial issues. Mr. Sris can file the necessary motions to preserve your financial stability while the divorce is pending.

6. Is spousal support taxable in Virginia?

For divorce agreements executed after December 31, 2018, spousal support payments are no longer tax‑deductible to the payor nor taxable income to the recipient under federal law. Virginia follows the federal rule. This change makes the negotiation of support amounts particularly important, because the tax-neutral treatment alters the net effect for both parties. Support ordered under agreements signed before 2019 retains the old tax treatment unless modified.

7. Can I receive spousal support if I’m not divorced yet?

Yes, you may receive pendente lite support as soon as you file for divorce in Virginia. This temporary support is intended to maintain the status quo—covering living expenses, attorney fees, and other costs—while the divorce case proceeds. A pendente lite hearing can be held relatively quickly, and the order remains in effect until a final decree is entered.

8. What if my spouse refuses to pay court‑ordered spousal support?

A spouse who willfully refuses to pay spousal support may be held in contempt of court. Enforcement tools available in Virginia include wage garnishment, bank levies, liens on property, and even incarceration for repeated violations. Law Offices Of SRIS, P.C. can file a show cause petition asking the court to compel compliance and deter future non‑payment.

9. Can a prenuptial agreement waive alimony in Virginia?

Yes, a valid prenuptial agreement can limit or waive spousal support in Virginia, as long as the agreement was entered into voluntarily and with full financial disclosure. Virginia courts enforce prenuptial agreements that are not unconscionable and do not violate public policy. If you signed a prenuptial agreement, its terms regarding spousal support will control unless the agreement is successfully challenged. You should have an attorney review any prenuptial agreement to assess its enforceability.

10. How does child support impact spousal support?

Child support and spousal support are separate obligations, but they influence each other. Virginia calculates child support first under statutory guidelines based on the parents’ combined gross income. The spousal support analysis then considers the incomes after child support is accounted for, so a substantial child support obligation may reduce the payor’s ability to pay spousal support. The overall financial picture—both forms of support together—must still be equitable.

11. Do Virginia judges use a formula to determine spousal support?

No, Virginia does not have a statutory formula or calculator for spousal support like the child support guidelines. Judges have substantial discretion but must evaluate and weigh the 13 factors in § 20-107.1(E). Because there is no uniform mathematical standard, outcomes vary significantly based on the facts presented. A thorough presentation of financial evidence is critical to obtaining a fair award.

12. Can I modify a spousal support order years later?

Yes, if you can demonstrate a material change in circumstances, you may petition the court to increase, decrease, or terminate spousal support. Common reasons for modification include job loss, serious illness or injury, remarriage of the recipient, or a substantial salary change. The moving party must file a petition in the Circuit Court that issued the original order and present evidence. The court cannot modify support retroactively beyond the date of filing.

How Mr. Sris and his Of Counsel handle spousal support cases

Mr. Sris and his Of Counsel team concentrate on presenting a complete and persuasive financial picture to the court. They begin by gathering comprehensive income and expense documentation, including tax returns, pay stubs, business financials, and retirement account statements. Where self-employment or complex assets are involved, they work with forensic accountants and business valuators to ensure the marital estate is accurately assessed.

Because Mr. Sris understands the interplay between equitable distribution and spousal support from his legislative experience with the property division statute, he structures negotiations and litigation to address both fronts simultaneously. The team appears in Circuit Courts throughout Virginia—Fairfax, Richmond, Arlington, Loudoun, Prince William, Falls Church, and more—and guides clients through temporary support motions, settlement conferences, and, when necessary, trial.

Representative Virginia court venues

Mr. Sris and his Of Counsel regularly handle spousal support matters in these Virginia Circuit Courts:

• Fairfax County Circuit Court, 4110 Chain Bridge Road, Fairfax, VA 22030
• Fairfax City Circuit Court, 10455 Armstrong Street, Fairfax, VA 22030
• Falls Church Circuit Court, 300 Park Avenue, Falls Church, VA 22046
• Prince William County Circuit Court, 9311 Lee Avenue, Manassas, VA 20110
• Manassas City Circuit Court, 9311 Lee Avenue, Manassas, VA 20110

We appear in additional jurisdictions by request. Reach our location at (888) 437-7747 to schedule a consultation about your specific case.

Outbound primary‑source authority strip

For additional reading, these official Virginia resources provide authoritative guidance:

• Virginia Code § 20‑107.1 (Spousal Support)
• Virginia Code § 20‑107.3 (Equitable Distribution)
• Virginia Judicial System

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