Virginia calls alimony spousal support and maintenance. Temporary support while a case is pending can follow a statutory formula when the couple's combined monthly gross income is $10,000 or less, while long-term support is decided by weighing 13 factors. Fault matters: a spouse with a proven adultery ground against them generally can't receive permanent support.
Those rules sit in two parts of the Code of Virginia: Section 16.1-278.17:1 for the temporary formula and Section 20-107.1 for support after the divorce, with Section 20-109 covering changes and termination. All checked in October 2026, and the dollar threshold is as of that date.
This is a plain-English summary of what the statute says, checked in October 2026. It isn't legal advice, and a family lawyer or your county court's self-help center can tell you how it applies to your case.
The temporary support formula
Section 16.1-278.17:1 sets a presumptive amount for pendente lite spousal support, meaning support while the case is under way, in cases where combined monthly gross income doesn't exceed $10,000:
| Situation | Presumptive monthly amount |
|---|---|
| Minor children in common | 26% of the payer's monthly gross income minus 58% of the payee's |
| No minor children in common | 27% of the payer's monthly gross income minus 50% of the payee's |
If the court is deciding child support too, it works out the spousal support figure first. It can deviate from the presumptive amount for good cause, including evidence about current finances or tax effects. Above the $10,000 combined income line, the formula doesn't apply.
How fault affects support
This is the rule to understand first. Section 20-107.1(B) says no permanent maintenance and support shall be awarded from a spouse if that spouse has a ground for divorce under Section 20-91(A)(1), which covers adultery before the last separation. In plain terms, a spouse who committed adultery generally can't get permanent support from the other.
There's an exception. The court can still make an award if it finds, by clear and convincing evidence, that denying support would be a manifest injustice, based on the respective degrees of fault during the marriage and the relative economic circumstances of the parties. Beyond that bar, the court must consider the circumstances and factors that contributed to the end of the marriage, specifically including adultery and other fault grounds, when deciding whether to award support.
The 13 factors for long-term support
- The obligations, needs and financial resources of each party, including pension, profit sharing and retirement income.
- The standard of living during the marriage, and the duration of the marriage.
- The age, physical and mental condition of each party, and any special circumstances of the family.
- Whether a child's age, condition or circumstances make it appropriate for a parent not to work outside the home.
- Monetary and nonmonetary contributions to the family's well-being, property interests, and the marital property division.
- Earning capacity, and the time and cost of getting education or training to improve it.
- Decisions made during the marriage about careers, education and parenting, including time spent out of the job market.
- Contributions to the other party's education, training or career, and other factors including tax consequences.
How support can be structured
| Form | What Section 20-107.1 allows |
|---|---|
| Defined duration | Periodic payments for a set period |
| Undefined duration | Periodic payments with no fixed end |
| Lump sum | A single award, alone or combined with periodic payments |
| Reservation | The right to ask for support in the future, presumed to last 50% of the time from marriage to separation |
The reservation is easy to overlook. If the court reserves a spouse's right to future support, there's a rebuttable presumption it lasts for half the time between the date of marriage and the date of separation, and once granted, that period can't be modified.
When support changes or ends
- Either party can ask the court to increase, decrease or end support that will accrue in the future, as circumstances warrant.
- Support ends on the death of either party or the remarriage of the recipient, unless a stipulation or contract says otherwise, and the recipient has a duty to tell the payer immediately about a remarriage.
- If the court finds by clear and convincing evidence that the recipient has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more, it shall end support, unless a contract says otherwise or the recipient proves ending it would be unconscionable.
- If the payer retires and asks for a change, the court decides whether there's been a material change in circumstances and whether to modify or end support.
For federal tax, the IRS says alimony under a divorce or separation agreement executed after 2018 isn't deductible by the payer or income for the recipient. If support is collected from pay, this guide to wage garnishment explains how withholding works, and a co-parenting app helps keep child-related costs separate from spousal support.
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Verdict
Virginia gives you a quick estimate for temporary support if your combined income is $10,000 a month or less, but long-term support is a judgment call where fault can decide the outcome. If adultery is part of your story, that's the first issue to get advice on. And if you're negotiating a reservation of support, remember that its length can't be changed once it's granted.
Frequently asked questions
How is temporary spousal support calculated in Virginia?
Where combined monthly gross income is $10,000 or less, the presumptive amount is 26% of the payer's gross income minus 58% of the payee's with minor children, or 27% minus 50% without, as of October 2026.
Does adultery affect alimony in Virginia?
Yes. A spouse with an adultery ground against them under Section 20-91(A)(1) generally can't receive permanent support, unless denying it would be a manifest injustice shown by clear and convincing evidence.
How long does alimony last in Virginia?
The court can order support for a defined or undefined duration, or a lump sum. A reservation of future support is presumed to last half the time from marriage to separation.
Does cohabitation end spousal support in Virginia?
It can. If the recipient has been habitually cohabiting in a relationship analogous to marriage for one year or more, the court shall end support unless a contract says otherwise or ending it would be unconscionable.
Does remarriage end alimony in Virginia?
Yes, unless a stipulation or contract says otherwise. Support also ends on the death of either party.
