Financial issues are often an important part of the divorce process. Determining whether spousal support should be awarded, how much support should be paid, and how long payments should continue can be complicated. At Raheen Law Group, we understand the financial and emotional challenges that can accompany separation and divorce and can help you understand your rights and options.

Spousal support, sometimes referred to as alimony or maintenance, is financial support paid by one spouse to the other. In Virginia, spousal support may be established by agreement between the parties or ordered by a court. Support may be available while a divorce case is pending and, depending on the circumstances, after the divorce.

How Is Spousal Support Determined in Virginia?

There is no single formula that determines every post-divorce spousal support award. When deciding whether to award support and determining its nature, amount, and duration, Virginia courts consider the circumstances of the marriage and the statutory factors set out in Virginia Code § 20-107.1. These factors include:

• The obligations, needs, and financial resources of each spouse;
• The standard of living established during the marriage;
• The duration of the marriage;
• The age and physical and mental condition of the parties;
• The earning capacity of each spouse;
• The opportunities and ability of each spouse to acquire education and training;
• The decisions regarding employment, parenting, education, and other contributions made during the marriage;
• The provisions made with regard to the marital property;
• The extent to which age, condition of the parties, or other circumstances affected the ability of either spouse to earn income;
• The contributions of each spouse to the well-being of the family;
• The parties’ financial obligations;
• The circumstances and factors that contributed to the dissolution of the marriage, including adultery and certain other grounds for divorce; and
• Any other factors the court considers necessary or appropriate.

The court may also consider the parties’ financial resources, including income from pension, profit-sharing, and retirement plans.

Pendente Lite Spousal Support

Pendente lite means “pending the litigation.” Virginia courts may award temporary spousal support while a divorce case is pending. These orders can provide financial support during the litigation but do not determine what, if any, post-divorce spousal support will ultimately be awarded.

Virginia law provides a presumptive formula for pendente lite spousal support in cases where the parties’ combined monthly gross income does not exceed $10,000. The formula differs depending on whether the parties have minor children in common, and a court may deviate from the presumptive amount for good cause.

Because pendente lite support is temporary, an award during the divorce proceedings does not guarantee that the same amount or type of support will be awarded after the divorce.

Spousal Support After Divorce

A court may award spousal support after divorce when the applicable legal requirements are met. Depending on the circumstances, support may be awarded periodically for a specified duration or, in some cases, without a predetermined end date. The amount and duration depend on the circumstances of the parties and the factors required by Virginia law.

A spouse’s conduct can also affect eligibility for support. For example, Virginia law generally prevents an award of permanent maintenance and support to a spouse when the other spouse has a qualifying ground of divorce based on adultery, subject to statutory exceptions.

Spousal support can also end or change under certain circumstances. For example, Virginia law provides that support generally ceases when the spouse receiving support remarries, unless otherwise provided by an agreement or contract.

Spousal Support Agreements

Spouses may negotiate and agree on the amount, duration, and other terms of spousal support rather than asking a court to determine every issue.

A separation or property settlement agreement may address spousal support along with property division, debts, and other issues arising from the marriage. A valid agreement may be affirmed, ratified, and incorporated into a divorce decree. Once incorporated, the agreement can become enforceable as a term of the court’s decree.

Before signing an agreement concerning spousal support, it is important to understand whether its provisions can later be modified and what circumstances could affect the continuation or termination of support.

If You Are Seeking or Paying Spousal Support

Spousal support can be particularly important for someone who has been financially dependent on a spouse during the marriage, including a spouse who reduced employment or left the workforce to care for children or manage the household.

At the same time, a spouse who is asked to pay support may have legitimate questions about the amount requested, their financial resources, and their own obligations. Whether support is appropriate and what amount is reasonable depends on the specific circumstances of the parties.

How Raheen Law Group Can Help

At Raheen Law Group, we understand that disputes over spousal support can be stressful and financially significant. Our attorneys can help you understand the factors that may affect a spousal support claim, negotiate support provisions, and advocate for your interests in court when necessary.

Whether you are seeking spousal support or have been asked to pay it, we can help you navigate the process and understand your legal options.

If you wish to discuss your situation, contact Raheen Law Group for a consultation.