At a glance
- Either spouse can ask for spousal support: in a divorce in Circuit Court, or after separating, in J&DR court.
- Temporary support follows a formula when combined monthly gross income is $10,000 or less. Judges can deviate for good cause.
- Final support has no formula. The judge weighs 13 factors in § 20-107.1(E), including the length of the marriage.
- Support ends on death or the recipient's remarriage unless an agreement says otherwise, and can change on a material change.
What Spousal Support Is and Who Can Ask for It
Spousal support, often called alimony, is money one spouse pays the other during a separation or after a divorce. Either spouse can ask for it, and the law does not favor husbands or wives. Support is decided case by case, looking at one spouse's needs, the other's ability to pay, and the factors described below.
Where to Ask: Circuit Court or J&DR Court
- In a divorce: the Circuit Court decides spousal support as part of the divorce case. In Fairfax, that is the Fairfax County Circuit Court. The court can award support only if it has been properly pled, meaning requested in the court papers (§ 20-107.1(A)).
- Separated, with no divorce filed: a spouse who has separated can file a petition for support in the Juvenile and Domestic Relations District Court, called the J&DR court (§ 16.1-241(L)). The Circuit Court shares that power, for example in a suit for separate maintenance (support without a divorce).
- When both courts are involved: suppose a divorce is filed and the Circuit Court sets a support hearing within 21 days. The J&DR court then can no longer decide support (§ 16.1-244). A J&DR support order also stops having effect once a divorce decree provides for spousal support (§ 20-79).
How a J&DR Support Case Moves in Fairfax
A case starts with an intake appointment, made by calling the court's Domestic Relations office at 703-246-3040. According to the court's guide, the first court date is a status hearing, where the judge can sign an agreed order. Otherwise, the judge generally refers the spouses to a court mediator at no cost. If mediation fails, the court sets a trial, which may not exceed three hours.
Temporary (Pendente Lite) Support and the Virginia Formula
"Pendente lite" is Latin for "while the case is pending." Temporary support covers the time until the final decision. The Circuit Court (§ 20-103) and the J&DR court (§ 16.1-278.17:1) use the same formula.
How the Formula Works
The formula applies only when the spouses' combined monthly gross income is $10,000 or less. Gross income means income from all sources before taxes, such as wages, bonuses, pensions, rental income and many benefits, with some exclusions (§ 20-108.2).
- With minor children in common: 26% of the paying spouse's monthly gross income, minus 58% of the receiving spouse's monthly gross income.
- With no minor children in common: 27% of the paying spouse's monthly gross income, minus 50% of the receiving spouse's monthly gross income.
The result is presumed correct. The judge can deviate from it for good cause, such as evidence about the spouses' current finances or tax effects. Above $10,000 combined, the formula does not apply, and the judge sets temporary support in the court's discretion (§ 20-103(A)).
An Illustration of the Formula
This example only shows the formula's arithmetic. It is not a prediction for any case. Assume one spouse earns $6,000 a month gross and the other earns $2,000, for a combined $8,000.
| With minor children | No minor children | |
|---|---|---|
| Paying spouse's share | 26% of $6,000 = $1,560 | 27% of $6,000 = $1,620 |
| Receiving spouse's share | 58% of $2,000 = $1,160 | 50% of $2,000 = $1,000 |
| Presumptive monthly support | $1,560 minus $1,160 = $400 | $1,620 minus $1,000 = $620 |
Other Rules for Temporary Support
- When the court sets both spousal and child support, it decides spousal support first. For child support, spousal support paid under an order or written agreement counts as the receiver's income and is deducted from the payer's (§ 20-108.2).
- Temporary support is generally paid from income earned after the separation (§ 20-103(A1)).
- A temporary order has no presumptive effect on the final decision (§ 20-103(J)).
Final Spousal Support: The Factors Judges Weigh
Final support, set in a divorce decree or a final J&DR order, has no formula. In deciding whether to award support, the judge considers what led to the end of the marriage, including adultery and other fault grounds (§ 20-107.1(E)). To decide the type, amount and length of support, the judge must then consider 13 factors, here in plain words:
- Each spouse's obligations, needs and financial resources, including pension and retirement income.
- The standard of living during the marriage.
- How long the marriage lasted.
- Each spouse's age and physical and mental condition, and any special family circumstances.
- Whether a child's age, condition or special circumstances make it appropriate for a parent not to work outside the home.
- Each spouse's contributions, financial and non-financial, to the family's well-being.
- Each spouse's property interests.
- How the marital property is divided under § 20-107.3.
- Each spouse's earning capacity, including skills, education, training and job opportunities.
- The opportunity, ability, time and cost for a spouse to gain the education or training to earn more.
- Career, education and parenting decisions made during the marriage, and their effect on earning potential, including time out of work.
- Whether either spouse helped the other gain an education, training or a career.
- Any other factor needed to be fair to both spouses, including tax consequences and the grounds for divorce.
In contested Circuit Court cases, the judge must give written findings naming the factors behind the decision, and the basis for any defined duration (§ 20-107.1(F)). If the spouses cannot settle, the court decides support at trial. Our page on contested divorce explains how those cases move.
How an Award Can Be Structured
Under § 20-107.1(C) and (D), the court can order:
- Periodic payments for a defined duration: for example, monthly payments for a set number of years, or until a stated event.
- Periodic payments for an undefined duration: payments with no set end date. They still end on death or remarriage unless an agreement says otherwise.
- A lump sum: one fixed amount.
- A combination of these.
- A reservation: no payments now, but the right to ask later is kept open. The Code presumes a reservation lasts half the time from the wedding to the separation. The presumption can be rebutted, but once set, the length cannot be changed. To use it, a spouse generally must show a material change in circumstances.
Adultery and Spousal Support
Adultery can bar spousal support in Virginia. Under § 20-107.1(B), the court cannot award permanent support to a spouse if the other spouse has a ground for divorce against them for adultery under § 20-91(A)(1). As amended in 2026, that ground covers adultery that occurred before the spouses' last separation. The same subdivision also lists certain other sexual acts outside the marriage.
There is an exception. The court can still award support if clear and convincing evidence shows that denying it would be a "manifest injustice," meaning plainly unjust. The court weighs each spouse's degree of fault and their relative economic circumstances.
A no-fault divorce does not, by itself, reduce a duty to support a spouse, unless the paying spouse proves another ground for divorce (§ 20-91(A)(9)(c)). If adultery or other fault is part of your situation, the timing and the evidence matter, and our team can review them with you.
Is There a Rule of Thumb for How Much or How Long?
People often hear that support lasts half as long as the marriage, or of a "1/3 rule" for the amount. Virginia's Code sets no such rule for final support: no minimum length of marriage, no percentage and no standard end date.
The Code's only formula is the temporary support formula above. Its only use of half the marriage is the presumed length of a reservation. Online calculators often apply the temporary formula or their own assumptions. The final result depends on how the judge applies the factors to your facts.
Changing or Ending Spousal Support
Asking the Court for a Change
Either spouse can ask the court to increase, decrease or end support as circumstances make proper (§ 20-109(A)). The judge looks for a material change in circumstances, meaning a significant change since the last order. The judge then considers the § 20-107.1(E) factors and each spouse's assets and income from them (§ 20-109(G)).
- Defined-duration awards: the request must be filed before the period ends. It must show a material change the spouses did not reasonably expect. Or it must show that an event the court relied on did not happen, and not through the fault of the person asking (§ 20-109(B)).
- Retirement: the paying spouse's reaching full retirement age under Social Security counts as a material change, and the judge then weighs specific retirement factors (§ 20-109(E) and (F)).
- Timing: a change generally applies only from the date the other spouse receives notice of the petition, not to earlier months (§ 20-112).
When Support Ends
- Death or remarriage: support ends on the death of either spouse or the remarriage of the spouse receiving it, unless an agreement says otherwise (§ 20-109(D)). The receiving spouse must tell the payer right away about a remarriage. If not, the payer can recover payments made after the remarriage, with interest and attorney's fees (§ 20-110).
- Cohabitation: the court must end support if the receiving spouse has habitually lived with another person in a relationship analogous to marriage for one year or more. This must be shown by clear and convincing evidence. The exceptions are an agreement that says otherwise, or proof that ending support would be unconscionable, meaning grossly unfair (§ 20-109(A)).
How an Agreement Affects Changes
If a signed support agreement is filed before the final decree, the court can order support only as the agreement provides (§ 20-109(C)). For agreements signed on or after July 1, 2018, a request to change support cannot be denied solely because of the agreement. The exception is an agreement that expressly says the amount or duration is non-modifiable. Our guide to separation agreements explains what these agreements usually cover.
Taxes, Child Support and Immigration Sponsorship
Federal Income Taxes
The federal rule depends on when the divorce decree or written separation agreement was executed. For one executed after 2018, alimony is not deductible by the payer and is not income to the recipient (IRS Publication 504). Older instruments generally follow the earlier rule (deductible for the payer, taxable to the recipient), unless a later modification expressly adopts the new one. Your own tax situation, including state taxes, is a question for a tax professional.
Child Support Is Separate
Child support follows Virginia's guidelines in § 20-108.2, and the guideline amount is presumed correct. For custody and other child issues, see our guide on facing a custody battle.
If a Spouse Sponsored a Green Card
If one spouse signed Form I-864, Affidavit of Support, for the other's green card, USCIS says divorce does not end that obligation. It is a federal contract, separate from Virginia spousal support. Our firm practices both family and immigration law, so we can look at the two together.
How First Point Can Help
Our family law team helps clients with spousal support in Fairfax and Northern Virginia courts. That includes temporary support, support terms in separation agreements, final support in a divorce, and requests to change or enforce an order. We explain how the factors may apply to you, without predicting a result. Our firm explains its fees before you decide to hire us.
Bring these to a consultation:
- Your date of marriage and date of separation.
- Pay stubs, W-2s, 1099s and tax returns for recent years, for both spouses if you have them.
- Business records, if either spouse is self-employed.
- A monthly budget of your expenses, and records showing the standard of living during the marriage.
- Bank, investment and retirement statements, a list of debts, and health insurance costs.
- Any separation agreement, prenuptial agreement or existing support order.
- Court papers you have received, with their dates.
Your family law team
-
Lisa Benjamin Lead Attorney -
Katherine Martell Managing Partner
Frequently Asked Questions
How long do you need to be married in Virginia to get alimony?
Virginia's Code sets no minimum length of marriage for spousal support. The duration of the marriage is one of the 13 factors a judge must consider for final support (§ 20-107.1(E)). A short marriage does not rule support out, and a long one does not make it automatic. The temporary support formula does not depend on the length of the marriage.
What proof do you need for alimony?
The judge needs evidence of each spouse's income, needs and resources. That usually means pay stubs, tax returns, account statements and a monthly budget. Virginia's form DC-603 lists the information a judge requires at a support hearing, starting with gross income. In Fairfax J&DR court, spouses without a lawyer receive an evidence order listing the documents to bring to trial.
How much alimony after 5 years of marriage?
Virginia sets no amount for any length of marriage. While the case is pending, temporary support may follow the statutory formula if combined monthly gross income is $10,000 or less. Final support depends on the 13 factors, and the length of the marriage is only one of them. Our team can review how the factors may apply to your situation.
What is the 1/3 rule for alimony?
It is a rule of thumb some people repeat, but Virginia's Code does not contain it. Virginia has a formula only for temporary support, and only when combined monthly gross income is $10,000 or less. Final support is decided on the factors in § 20-107.1(E), with no percentage set by law.
How long does alimony last in Virginia?
It depends on the order or agreement. Support can be paid for a defined period or an undefined period, as a lump sum, or reserved for later. It generally ends at either spouse's death or the recipient's remarriage, unless an agreement says otherwise. It can also change on a material change in circumstances, or end after a year or more of cohabitation in a relationship analogous to marriage (§ 20-109).
What assets cannot be touched in a divorce in Virginia?
Virginia divides marital property, and separate property generally is not divided. Separate property includes property owned before the marriage and gifts or inheritances from someone other than the spouse (§ 20-107.3). Property can lose that status, for example when it is mixed with marital property, so classification depends on the facts. For support, the judge still considers both spouses' property interests, including separate assets.
Can I get spousal support if we are separated but not divorced?
A spouse who has separated can ask the J&DR court for spousal support without filing for divorce (§ 16.1-241(L)). A suit for separate maintenance in Circuit Court is another route. A J&DR support decision does not prevent either spouse from raising support again in a later Circuit Court case. Whether support is likely to be awarded depends on the factors and your facts.