Statutes

Virginia Code Title 20:

• Section 20-107.1(maintenance and support of spouses)
• Section 20-108.1(determination of child or spousal support)
• Section 20-109 (changing maintenance and support for a spouse; cessation on cohabitation, remarriage, death)
• Section 20-110 (maintenance and support for a spouse to cease on remarriage)

Eligibility for support

In Virginia, the court allows spousal support to be awarded to a spouse only when it's necessary.

When deciding whether to award support to a spouse, the court considers the factors and circumstances that contributed to the dissolution of the marriage, including grounds such as adultery. If the spouse seeking support has committed adultery, then they will not be awarded support.

Factors that determine amount and duration of support

The court will determine the nature, amount, and duration of support using factors, including but not limited to the following:

• The incomes and financial needs of both parties;
• Age and mental and physical conditions of the parties;
• Standard of living established during the marriage;
• The duration of the marriage;
• The contribution of one spouse to the education, training, or increased earning power of the other spouse;
• Extent to which age, condition of special circumstances of any child of the spouses would make it appropriate for one spouse to stay home; and
• Property interests of the parties.

Payment

Method of Payment

Alimony can be paid either as a lump sum payment or as periodic payments.

Duration

Payments can be set for a specific number of years of for an unspecified duration. The support ends automatically upon death of either spouse or if the spouse receiving support remarries or cohabitates in a marriage-like manner.

Modification

Either party can petition to modify the maintenance and support to increase, decrease, or terminate when there's a change in circumstances.