If you only remember one point about spousal support in Virginia, remember this: Virginia calls it spousal support. Discretionary under extensive statutory factors. Pendente lite support may use local formulas, but final support is not governed by a statewide percentage statute. Forms include Temporary, rehabilitative, and undefined-duration support; reservation of jurisdiction is common.. Procedure, examples, and the opinions below hang off Va. Code §§ 20-107.1, 20-107.1:1. Duration: Defined-duration awards are frequent after short and mid-length marriages; longer marriages may support undefined duration. Termination: Death, remarriage, or cohabitation in a relationship analogous to marriage for a year; end of a defined term.
Types of spousal support in Virginia
Temporary, rehabilitative, and undefined-duration support; reservation of jurisdiction is common.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
Walking through Virginia facts
Use this walkthrough to see which Virginia authority does the work at each step.
One spouse asks a Virginia court for spousal support after a divorce filing.
- Use the label and statute Virginia actually uses: spousal support under Va. Code §§ 20-107.1, 20-107.1:1.
- There is no formula. Apply the statutory factors: Discretionary under extensive statutory factors. Pendente lite support may use local formulas, but final support is not governed by a statewide percentage statute.
- Set duration from Virginia rules: Defined-duration awards are frequent after short and mid-length marriages; longer marriages may support undefined duration.
- Identify what ends the award: Death, remarriage, or cohabitation in a relationship analogous to marriage for a year; end of a defined term.
Undefined-duration support is available, especially after long marriages, subject to modification statutes. Fault: Fault grounds and defenses (including adultery bars with narrow exceptions) can control entitlement. Federal TCJA rules apply post-2018; Virginia generally conforms for state tax.
How amount is set
Virginia does not use a statewide calculator for final spousal support. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long spousal support lasts
Defined-duration awards are frequent after short and mid-length marriages; longer marriages may support undefined duration.
Permanent / indefinite support. Undefined-duration support is available, especially after long marriages, subject to modification statutes.
When spousal support ends or can be changed
Death, remarriage, or cohabitation in a relationship analogous to marriage for a year; end of a defined term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Virginia-specific.
Taxes
Federal TCJA rules apply post-2018; Virginia generally conforms for state tax.
Child support remains non-deductible and non-taxable. Do not assume spousal support treatment mirrors child support.
Case law: how Virginia courts decide spousal support
These LawDiver opinions illustrate how Virginia appellate courts discuss need, ability to pay, duration, and related issues:
David Carlton WRIGHT v. Laura McGahey Roberts WRIGHT; Laura McGahey Roberts Wright v. David Carlton Wright
…hat the trial court erred in awarding wife a reservation of spousal support rights, in deriving the marital share of the value of husband’s law practice at Hunton & Williams LLP, where husband is an equity partner, and in awarding wife a portion *441 of husband’s supplemental retirement plan (SRP) that arises from his partnership agreement with Hunton & Williams. 1 In her appea…
Practitioners open David Carlton WRIGHT v. Laura McGahey Roberts WRIGHT; Laura McGahey Roberts Wright v. David Carlton Wright when Virginia spousal support turns on the distinction in this sentence: "Hunton & Williams LLP, where husband is an equity partner, and in awarding wife a portion *441 of husband’s supplemental retirement plan (SRP) that arises from his partnership agreement with Hunton & Williams." Do not lift it out of the facts the court was deciding.
J. S. Eaton v. Henrietta V. Davis
J. S. Eaton v. Henrietta V. Davis, 176 Va. 330 (1940)
…enrietta Davis (formerly Henrietta Eaton) $50 per month, as alimony. That portion of the decree is as follows: and it is, therefore, Adjudged, Ordered, and Decreed that the said J. S. Eaton pay unto the said Henrietta V. Davis, as alimony, but not in any event for a longer period than their joint lives, for the maintenance of Henrietta V. Davis, the sum of fifty dollars per…
On spousal support, J. S. Eaton v. Henrietta V. Davis speaks to the Virginia dispute in this passage: "Davis (formerly Henrietta Eaton) $50 per month, as alimony. That portion of the decree is as follows: and it is, therefore, Adjudged, Ordered, and Decreed that the said J. S. Eaton pay unto the said Henrietta V." The surrounding opinion shows how the court applied that language to the record.
Isaacs v. Isaacs, Guardian, and Others
Isaacs v. Isaacs, Guardian, and Others, 117 Va. 730 (1915)
…ien of the appellant is evidenced by a temporary decree for alimony of $50 per month rendered in her favor January 11, 1909, by the Circuit Court of Wise county, which allowance was made permanent by a subsequent decree of the same court dated February 4, 1910. The lien of the appellee is evidenced by a judgment confessed in his favor in the Circuit Court of Russell county at i…
Isaacs v. Isaacs, Guardian, and Others is worth reading on Virginia spousal support because the court put the point in its own words: "January 11, 1909, by the Circuit Court of Wise county, which allowance was made permanent by a subsequent decree of the same court dated February 4, 1910." Use that passage as the starting point, then read the facts that precede it.
Mary L. Durrett v. Hilda B. Durrett
Mary L. Durrett v. Hilda B. Durrett, 204 Va. 59 (1963)
…the State of Nevada, and prayed for temporary and permanent alimony. The contract of August 1, 1947, after referring to the Virginia divorce proceeding, contained the following recitals and provisions: That the parties thereto were no longer living together as man and wife; that it was the intention of Joseph R. Durrett to make proper and adequate provision for the support of h…
Virginia opinions such as Mary L. Durrett v. Hilda B. Durrett are cited where spousal support is disputed. The court stated: "State of Nevada, and prayed for temporary and permanent alimony." That is the language to brief; the rest of the decision supplies the procedural posture.
Margaret Handy Lawrence v. John Creig Lawrence
Margaret Handy Lawrence v. John Creig Lawrence, 212 Va. 44 (1971)
…plaintiff be awarded custody of their 17-year-old daughter, alimony and support money, attorneys’ fees and court costs. Being unable to obtain personal service on the defendant in the City of Norfolk, plaintiff filed an affidavit alleging, inter alia, that she and her husband were tenants by the entireties of two parcels of residential real property in Norfolk and in Fairfax Co…
On spousal support, Margaret Handy Lawrence v. John Creig Lawrence speaks to the Virginia dispute in this passage: "plaintiff be awarded custody of their 17-year-old daughter, alimony and support money, attorneys’ fees and court costs. Being unable to obtain personal service on the defendant in the City of Norfolk, plaintiff filed an affidavit alleging, inter alia, that she and her husband wer" The surrounding opinion shows how the court applied that language to the record.
Horace Adrian Osborne v. Giuliana G. Osborne
Horace Adrian Osborne v. Giuliana G. Osborne, 215 Va. 205 (1974)
…court was precluded from entering certain orders concerning alimony, child support, counsel fees and court costs because of a decree entered in proceedings in Texas by which the same litigants, Horace Adrian Osborne and his wife, Giuliana G. Osborne, were divorced. *206 The Osbornes were married in 1962, and two children were born of the marriage. The family lived for some year…
Horace Adrian Osborne v. Giuliana G. Osborne is worth reading on Virginia spousal support because the court put the point in its own words: "Texas by which the same litigants, Horace Adrian Osborne and his wife, Giuliana G. Osborne, were divorced. *206 The Osbornes were married in 1962, and two children were born of the marriage." Use that passage as the starting point, then read the facts that precede it.
COMMONWEALTH of Virginia, Virginia DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, Ex Rel
…iction over the husband, noting that a proceeding to reduce alimony arrears to judgment is not a new and independent action but merely a step taken in the original matrimonial action; that having obtained jurisdiction of the defendant husband in the original proceeding such jurisdiction remains unimpaired. Id. at 291, 148 S.E.2d at 773. See also Shinn v. Kreul, 311 S.C. 94, 427…
Virginia opinions such as COMMONWEALTH of Virginia, Virginia DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, Ex Rel are cited where spousal support is disputed. The court stated: "Id. at 291, 148 S.E.2d at 773. See also Shinn v. Kreul, 311 S.C." That is the language to brief; the rest of the decision supplies the procedural posture.
Clifton A. FRANKLIN v. COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT
…husband) appeals the circuit court’s order to pay child and spousal support. Husband argues the trial court erred in: (1) finding that the service of process for the juvenile and domestic relations district court proceedings was sufficient; (2) finding that the trial court and the Division of Child Support Enforcement have jurisdiction over the person of husband; and (3) revers…
Practitioners open Clifton A. FRANKLIN v. COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT when Virginia spousal support turns on the distinction in this sentence: "husband) appeals the circuit court’s order to pay child and spousal support. Husband argues the trial court erred in: (1) finding that the service of process for the juvenile and domestic relations district court proceedings was sufficient; (2) finding that the trial court and th" Do not lift it out of the facts the court was deciding.
Practical checklist
- Identify the correct statutory label (spousal support) and controlling section (Va. Code §§ 20-107.1, 20-107.1:1).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Virginia law makes it relevant to eligibility or amount.
- Search LawDiver for recent Virginia decisions before mediation.
- Cross-check child support interactions via the Virginia child support guide.
Key takeaways
- Virginia uses the term spousal support under Va. Code §§ 20-107.1, 20-107.1:1.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary under extensive statutory factors. Pendente lite support may use local formulas, but final support is not governed by a statewide percentage statute.
- Common forms include: Temporary, rehabilitative, and undefined-duration support; reservation of jurisdiction is common.
- Duration framework: Defined-duration awards are frequent after short and mid-length marriages; longer marriages may support undefined duration.
- Permanent / indefinite support: Undefined-duration support is available, especially after long marriages, subject to modification statutes.
- Companion child-support guide: Virginia child support guidelines.
What spousal support is (and is not)
Spousal support is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Va. Code §§ 20-108.1, 20-108.2) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal support. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Virginia's statutory framework.
Eligibility and statutory factors
Discretionary under extensive statutory factors. Pendente lite support may use local formulas, but final support is not governed by a statewide percentage statute.
Fault. Fault grounds and defenses (including adultery bars with narrow exceptions) can control entitlement.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Frequently asked questions
Does Virginia still award permanent spousal support?
Undefined-duration support is available, especially after long marriages, subject to modification statutes.
How is spousal support calculated in Virginia?
Virginia leaves amount largely to judicial discretion under Va. Code §§ 20-107.1, 20-107.1:1, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal support?
Defined-duration awards are frequent after short and mid-length marriages; longer marriages may support undefined duration. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal support?
Death, remarriage, or cohabitation in a relationship analogous to marriage for a year; end of a defined term.
Is spousal support taxable?
Federal TCJA rules apply post-2018; Virginia generally conforms for state tax.
Where can I read Virginia spousal support opinions?
Open the cases linked above or search LawDiver scoped to Virginia. For support of children, see the Virginia child support guidelines guide.
Disclaimer
This article provides general information about Virginia spousal support and is not legal advice. Confirm the current text of Va. Code §§ 20-107.1, 20-107.1:1 and consult a licensed Virginia family-law attorney before acting on any rule described here.