Can You Get Spousal Support in an Uncontested Virginia Divorce?

By Sharie Reyes Albers, Partner, Virginia Family Law Center

You and your spouse have decided to divorce. You want to avoid a courtroom battle, divide your property by agreement, and move forward with your lives. But there’s one financial issue you cannot afford to overlook: spousal support.

Perhaps you spent years raising children while your spouse developed a career. Maybe one spouse earns substantially more than the other, or a long marriage has created financial expectations that cannot be resolved simply by dividing bank accounts.

Does asking for alimony mean your divorce must become contested?

No. You can receive spousal support in an uncontested Virginia divorce. The key is reaching a legally appropriate agreement about whether support will be paid and, if so, how much, for how long, and under what conditions.

In fact, an uncontested divorce may give spouses an opportunity to negotiate support terms that address their circumstances without asking a judge to resolve a contested financial dispute.

However, an uncontested divorce does not mean the financial consequences are necessarily simple. A poorly drafted spousal support provision, an unintended waiver, or a nonmodifiable obligation can affect both spouses for years.

This guide explains how spousal support works in an uncontested Virginia divorce, including negotiating payments, evaluating financial need, protecting future rights, understanding modification restrictions, and avoiding costly settlement mistakes.

Quick Answer: Can You Get Alimony in an Uncontested Virginia Divorce?

Yes. Virginia spouses can agree to spousal support as part of an uncontested divorce.

The spouses may negotiate an appropriate amount, payment schedule, duration, termination provisions, and whether future modifications will be permitted. Those terms are commonly included in a written separation or property settlement agreement.

Under Virginia Code § 20-109.1, a court may affirm, ratify, and incorporate a valid agreement into a divorce decree. Once incorporated, the agreement’s provisions generally become enforceable as terms of that decree.

Both parties must resolve the support issue on terms they are willing to accept. If they cannot agree, the divorce may require contested proceedings to address the unresolved issue, even if they agree that the marriage should end.

Important: Agreeing to an uncontested divorce does not require a spouse to waive alimony. But signing an agreement that waives support may substantially limit or eliminate the ability to request support later.

Table of Contents

• What Makes a Virginia Divorce Uncontested?
• How Spousal Support Works in an Uncontested Divorce
• What a Spousal Support Agreement Should Include
• How Much Spousal Support Should You Agree To?
• How Long Can Negotiated Spousal Support Last?
• The Risks of Waiving Spousal Support
• Reserving the Right to Request Support Later
• Can Negotiated Spousal Support Be Changed?
• Remarriage, Cohabitation, and Other Termination Events
• Negotiating Support When One Spouse Earns More
• How Property Division Affects Support Negotiations
• Business Owners and High-Asset Divorces
• Spousal Support When Children Are Involved
• Tax Consequences of Alimony Agreements
• Does Marital Fault Matter in an Uncontested Divorce?
• How to Finalize an Uncontested Divorce With Support
• What Happens if You Cannot Agree?
• Examples of Negotiated Support Arrangements
• Settlement Agreement Checklist
• Common Mistakes to Avoid
• Sharie’s Takeaways
• Frequently Asked Questions

What Makes a Divorce Uncontested in Virginia?

An uncontested divorce generally means the spouses have resolved the issues necessary to end their marriage without requiring a judge to decide those issues through a contested trial.

Those issues commonly include:

• Division of marital property.
• Allocation of marital debts.
• Spousal support, including any agreed waiver or reservation.
• Child custody and visitation, when applicable.
• Child support, when applicable.
• Other financial or family matters requiring resolution.

Spouses typically document their negotiated terms in a separation agreement, also called a property settlement agreement or marital settlement agreement.

For more information about general divorce procedures, read our Virginia Uncontested Divorce Guide.

Virginia’s No-Fault Separation Requirements

Under Virginia Code § 20-91(A)(9), spouses may obtain a no-fault divorce after living separate and apart, without cohabitation and without interruption, for the required statutory period.

The statute provides:

• One year of separation: The general no-fault separation period.
• Six months of separation: Available when the parties have entered into a separation agreement and there are no minor children described by the statute who were born to or adopted by the parties.

These are statutory separation periods, not guarantees about how quickly a court will process a case.

Virginia Code § 20-97 also establishes residency and domicile requirements for filing a divorce action.

The presence of spousal support in an agreement does not extend the applicable no-fault separation period.

Do Both Spouses Need to Want the Divorce?

An uncontested resolution depends on the parties’ cooperation and the legally required procedures, but spouses do not necessarily have to share the same personal reasons for ending the marriage.

The important distinction for a negotiated support settlement is that both parties have reached an agreement on the financial terms.

Agreement to the divorce itself should not be confused with agreement to every proposed support provision.

How Does Spousal Support Work in an Uncontested Divorce?

Spousal support, commonly called alimony, is financial assistance paid by one spouse or former spouse to the other under an applicable agreement or court order.

In an uncontested divorce, the parties may negotiate the terms rather than ask a judge to resolve a disputed support claim.

Those negotiations can address:

• Whether either spouse will receive support.
• The amount and frequency of payments.
• When payments begin.
• How long support continues.
• Whether payments can increase or decrease.
• Events that end the obligation.
• Whether either spouse waives future claims.
• Whether future support rights are preserved.
• Whether the agreement will be incorporated into the divorce decree.

Does Virginia Require Spousal Support in Every Divorce?

No. Virginia does not require every divorcing couple to establish an alimony obligation.

Some spouses agree that no support is appropriate. Others negotiate limited payments to assist with a financial transition. Some agree to longer-term support based on the marriage’s history and their circumstances.

The fact that an agreement contains support provisions does not mean the court would necessarily award the same amount or duration after a contested trial.

For the standards courts apply when support is disputed, see our guide to spousal support eligibility in Virginia.

What Should a Virginia Spousal Support Agreement Include?

A well-drafted agreement should do more than identify a monthly payment.

Support disputes often arise years after divorce because an agreement does not clearly address when an obligation changes, when it ends, or how a particular event affects payments.

1. The Amount of Support

The agreement should identify the support amount and distinguish the obligation from child support, property payments, or other financial responsibilities.

2. Payment Schedule and Method

The agreement should address the beginning date, payment frequency, due dates, and method of payment.

3. Duration

The parties should decide whether support continues for a defined period, an undefined period subject to applicable termination provisions, or under another negotiated arrangement.

4. Modification Rights

The agreement should explain whether support may be modified, and whether either the amount or duration is intended to be nonmodifiable.

5. Termination Events

Terms involving remarriage, death, cohabitation, or other negotiated events should be reviewed carefully.

6. Treatment of Financial Changes

Where appropriate, the parties may address anticipated retirement, significant employment changes, or other future circumstances.

7. Enforcement and Incorporation

The parties should understand whether the agreement will be incorporated into the final divorce decree and how its obligations may be enforced.

Virginia Code § 20-109.1 permits incorporation of qualifying agreements, which can make their provisions enforceable as part of the court’s decree.

For additional information, see our Virginia Property Settlement Agreements practice page.

How Much Spousal Support Should You Agree To?

There is no universal amount of alimony that every spouse should accept in an uncontested Virginia divorce.

Unlike a negotiated price for an ordinary transaction, a spousal support agreement may create obligations extending many years into the future.

Before agreeing to a payment, both parties should evaluate their financial circumstances and the potential long-term consequences.

Financial Information Worth Reviewing

• Each spouse’s income from employment and other sources.
• Bonuses, commissions, and variable compensation.
• Reasonable housing and living expenses.
• Health insurance and medical expenses.
• Employment history and current earning capacity.
• Potential costs of education or career training.
• The length of the marriage.
• The marital standard of living.
• Financial and nonfinancial contributions during the marriage.
• Property and retirement assets available after divorce.
• Other financial obligations.
• Applicable tax consequences.

These subjects overlap with the statutory considerations in Virginia Code § 20-107.1(E), which governs judicial spousal support determinations.

The statute provides an important legal reference point for negotiations, but it does not impose a mandatory settlement formula on the parties.

Should You Negotiate Based on Gross or Net Income?

Both figures may be relevant.

Gross compensation can help identify a spouse’s overall earnings, while net available income can help explain practical cash flow after taxes and other relevant obligations.

However, parties should not assume that paycheck withholding alone accurately describes the financial picture.

Bonuses, investment income, business distributions, retirement income, deferred compensation, and other resources may also matter.

Why the Total Financial Commitment Matters

Suppose spouses agree to $2,500 per month for five years.

That arrangement represents $150,000 in scheduled payments over the five-year period, before considering any applicable modification or termination provisions.

The same monthly amount paid over an undefined period could create a substantially different financial obligation.

The receiving spouse may value predictable support during a career transition. The paying spouse may value knowing when the obligation ends.

Negotiating alimony should involve evaluating the total financial arrangement, not simply deciding whether a proposed monthly number sounds reasonable.

How Long Can Spousal Support Last in an Uncontested Virginia Divorce?

Virginia law recognizes several possible forms of spousal support.

Under § 20-107.1(C), courts may award support through periodic payments for a defined duration, periodic payments for an undefined duration, lump-sum payments, or combinations of those forms.

Spouses negotiating an agreement may consider these structures when deciding how support should be provided.

Can You Agree to Indefinite Alimony?

Yes. An agreement may provide for support without a defined expiration date.

However, undefined-duration support does not necessarily mean payments continue for the rest of someone’s life regardless of circumstances.

The controlling terms and Virginia’s applicable termination provisions must be considered.

Does a Long Marriage Automatically Require Lifetime Support?

No. Virginia does not establish a universal statutory rule that every marriage lasting a particular number of years creates an entitlement to lifetime alimony.

Marriage duration is an important factor, but the appropriate arrangement depends on the financial circumstances and applicable legal considerations.

In an agreement, the parties should carefully evaluate whether a defined duration, an undefined duration, or another structure best addresses their circumstances.

What Happens if You Waive Spousal Support in an Uncontested Divorce?

Waiving spousal support can be one of the most consequential provisions in a Virginia divorce agreement.

A waiver generally means that a spouse is giving up the support rights specified in the agreement.

Depending on its terms and legal effect, a waiver may prevent that spouse from obtaining support later, even if financial circumstances change substantially.

Why Spouses Sometimes Agree to Waive Support

Some spouses waive support because they are financially independent. Others negotiate a waiver as part of a broader settlement involving property, retirement assets, debts, or other financial terms.

A waiver may be appropriate in some circumstances, but the decision should be informed and deliberate.

Questions to Ask Before Waiving Alimony

• Can I reasonably meet my living expenses without support?
• Will my income likely remain stable?
• Am I planning to reenter the workforce or change careers?
• Are health issues likely to affect my earning ability?
• What retirement assets will I have after divorce?
• What happens if I lose my job?
• Do I understand what the waiver covers?
• Does the agreement eliminate future support rights or preserve any limited rights?

Someone who has been out of the workforce for years, has significant health limitations, or faces uncertain financial circumstances should examine the consequences carefully before agreeing to waive support.

Can You Change Your Mind After Waiving Spousal Support?

Not simply because you regret the agreement.

The consequences depend on the actual waiver, whether it is valid and enforceable, and applicable Virginia law.

Courts do not automatically restore contractual support rights because the financial decision later proves unfavorable.

A spouse should not sign away support rights based on an assumption that the issue can always be revisited.

Can You Reserve the Right to Request Spousal Support Later?

Potentially. Reserving the right to seek support is different from receiving current support and different from waiving support.

Under Virginia Code § 20-107.1(D), a court may reserve a party’s right to receive spousal support in the future.

The statute establishes rules governing the duration of a reservation, including a rebuttable presumption relating to the length of the marriage before separation.

It also addresses when a material change in circumstances must be shown before a party can exercise the reserved right.

Why Might Someone Want a Reservation?

Suppose one spouse currently has sufficient employment income and does not need support immediately, but the parties recognize uncertainty about future earning capacity.

A properly structured reservation may preserve the possibility of a future support request rather than requiring an immediate award.

However, it does not guarantee that future support will be awarded.

Reservations Require Careful Drafting

The actual agreement, decree, applicable statutory requirements, and reservation duration are important.

Virginia Code § 20-107.1(D) contains special provisions for qualifying agreements and orders entered on or after July 1, 2020.

Leaving support out of an agreement is not the same as properly reserving the right to request it later.

Anyone considering a reservation should have the language reviewed before the final divorce decree is entered.

Can Spousal Support in a Virginia Divorce Agreement Be Modified Later?

Possibly. The answer depends heavily on the agreement’s language and execution date.

Virginia Code § 20-109(C) contains an important rule for agreements executed on or after July 1, 2018.

Under that provision, a request for modification based on a material change in circumstances or the agreement’s terms cannot be denied solely because of an agreement executed on or after that date unless the agreement expressly provides that the amount or duration of support is nonmodifiable.

That does not mean every modification request must be granted.

The requesting spouse must still satisfy the applicable legal requirements.

What Is Nonmodifiable Spousal Support?

Nonmodifiable support generally refers to an obligation whose amount or duration cannot be changed in the manner restricted by a legally enforceable provision.

Such a provision may protect a receiving spouse’s expectation of payments or a paying spouse’s expectation of a defined financial obligation, depending on its terms.

However, it can also substantially restrict either spouse’s ability to respond to later financial changes.

Why the Agreement’s Exact Language Matters

A provision declaring support nonmodifiable is not necessarily equivalent to an agreement that simply describes a payment amount and duration.

Whether modification is permitted requires analysis of the actual contract and governing law.

Agreements executed before July 1, 2018 may also be subject to different contractual rules.

For a detailed explanation, read our Virginia Spousal Support Modification Process guide and our article about increasing alimony after divorce.

What Events Can End Negotiated Spousal Support?

Termination provisions deserve as much attention as the amount and duration of payments.

Remarriage

Under § 20-109(D), spousal support generally terminates upon remarriage of the receiving spouse unless a stipulation or contract provides otherwise.

Death

Under the same subsection, support generally terminates upon the death of either party unless a stipulation or contract provides otherwise.

Cohabitation

Under § 20-109(A), habitual cohabitation in a relationship analogous to marriage for one year or more may provide grounds for court-ordered termination, subject to the statute’s evidentiary requirements and exceptions.

The statute requires clear and convincing evidence of the qualifying cohabitation and recognizes exceptions involving contractual terms or proof that termination would be unconscionable.

Cohabitation does not automatically establish that every statutory requirement has been met.

Other Negotiated Events

Depending on the agreement, spouses may negotiate additional termination conditions or provisions addressing employment, retirement, or other events.

Such provisions should be evaluated for enforceability and compatibility with governing Virginia law.

What if One Spouse Earns Substantially More Than the Other?

A substantial income difference is a common reason spouses discuss alimony during divorce negotiations.

But an income difference does not create an automatic entitlement to a specific monthly payment.

Consider a spouse earning $240,000 annually and another earning $45,000.

Negotiations may involve the parties’ respective financial needs, earning capacity, living expenses, property interests, marriage duration, and other circumstances.

The higher-earning spouse may be concerned about agreeing to an obligation that becomes difficult to sustain.

The lower-earning spouse may be concerned about losing financial stability after a marriage in which the parties made joint decisions about employment, childcare, or education.

An informed agreement should address these issues rather than simply assume that a large income gap establishes the correct amount.

What if One Spouse Left a Career to Raise Children?

Career interruptions may affect current income and future earning capacity.

Under § 20-107.1(E), Virginia courts may consider employment and parenting decisions made during the marriage, monetary and nonmonetary contributions, and the time and expense involved in obtaining education or employment skills.

Those considerations can provide a useful framework when spouses negotiate appropriate support.

What if Both Spouses Earn Significant Incomes?

Spousal support can still be a subject of negotiation.

However, higher incomes do not necessarily establish that support is appropriate or determine its amount.

The relevant financial picture includes assets, obligations, income stability, earning capacity, and the broader terms of the divorce settlement.

How Does Property Division Affect Spousal Support Negotiations?

Spousal support should not be negotiated in isolation from property division.

Virginia Code § 20-107.3 governs equitable distribution of marital property and debts.

Property division and spousal support are legally distinct issues, but they can affect the same financial planning decisions.

For example, a spouse receiving substantial income-producing assets may have a different financial position from a spouse receiving property that requires ongoing maintenance or cannot readily be converted into income.

The Marital Home

If one spouse keeps the marital residence, negotiations should consider the mortgage, property taxes, insurance, maintenance, and whether the spouse can afford the property after divorce.

A settlement that looks favorable because one spouse retains the home may create significant cash-flow problems if the costs of ownership are not considered.

Retirement Accounts and Pensions

Retirement assets may represent substantial wealth, but they are not necessarily equivalent to immediately available income.

The parties should consider when benefits become available, potential taxes, and how the proposed property settlement affects each spouse’s long-term financial security.

Property in Exchange for a Support Waiver

Some spouses negotiate arrangements in which one party receives additional property as part of a settlement that also includes a spousal support waiver.

These arrangements require careful financial and legal analysis.

A larger property distribution is not automatically an adequate substitute for the future income that support might provide.

Learn more on our Virginia Property Division page.

Spousal Support Agreements in High-Asset and Business-Owner Divorces

High-asset divorces are not necessarily contested. Spouses with substantial assets can reach negotiated settlements.

However, complex finances increase the importance of understanding exactly what the parties are agreeing to.

Business Income

A business owner’s reported salary may represent only one portion of the relevant financial circumstances.

Business profits, distributions, retained earnings, ownership interests, and other financial arrangements may need examination.

Revenue, accounting profit, and personally available income are different concepts and should not be treated as interchangeable.

Stock Options and Equity Compensation

Executive compensation may include restricted stock units, stock options, deferred compensation, or incentive arrangements.

These benefits can involve vesting schedules, uncertainty about future value, and tax consequences.

When relevant, the agreement should address whether and how such compensation affects negotiated support.

Future Business Growth

A settlement may be negotiated when a business is relatively small and later become the subject of dispute if its earnings increase substantially.

Parties should consider whether their agreement permits modification and how they intend future financial changes to be treated.

For more information, see our Virginia High-Asset Divorce Attorneys page.

Can You Negotiate Spousal Support in an Uncontested Divorce With Children?

Yes. Having children does not prevent spouses from negotiating spousal support in an uncontested divorce.

However, child support and spousal support serve different purposes and are governed by different legal rules.

Child support is determined under Virginia’s applicable statutory framework, including § 20-108.2.

Spousal support is analyzed separately, although the parties’ overall financial circumstances can affect both issues.

Why Child Support and Spousal Support Should Be Clearly Distinguished

An agreement should identify each obligation separately and avoid ambiguity about what payments represent.

Parents cannot assume that an agreement permanently prevents judicial review of child support when modification is authorized under Virginia law.

Likewise, the existence of child support does not automatically eliminate the possibility of spousal support.

Can Caregiving Responsibilities Affect Spousal Support?

Yes. Childcare responsibilities may influence earning capacity and the financial arrangements spouses consider appropriate.

Virginia Code § 20-107.1(E) recognizes certain circumstances involving a child’s age, health, and other needs that may make outside employment inappropriate for a spouse.

These factors can be relevant to negotiations, particularly when one spouse has been the principal caregiver during the marriage.

Are Spousal Support Payments Taxable in an Uncontested Divorce?

The federal tax treatment of alimony depends on the execution date and terms of the relevant divorce or separation instrument.

Agreements Executed After December 31, 2018

Under current federal law, qualifying alimony payments made under divorce or separation instruments executed after December 31, 2018 are generally:

• Not deductible by the paying spouse for federal income tax purposes.
• Not included as taxable income by the receiving spouse for federal income tax purposes.

This treatment is explained by the Internal Revenue Service, Tax Topic 452.

Older Agreements

Qualifying agreements executed before January 1, 2019 may remain subject to different federal treatment.

When an older instrument is modified after 2018, the current tax treatment may apply if the modification expressly provides that the newer federal alimony rules apply.

Therefore, spouses should not assume that every existing support arrangement follows the same tax rules.

Why Taxes Matter in Settlement Negotiations

A proposed payment amount should be evaluated in light of the parties’ actual after-tax financial circumstances.

Property transfers, retirement-account distributions, investment gains, and business transactions may have separate tax consequences.

For financially complex divorces, tax advice should be coordinated with the negotiated legal terms.

Spousal support provisions should not be drafted using outdated assumptions that the paying spouse can deduct the payments from federal taxable income.

Does Marital Fault Matter if the Divorce Is Uncontested?

Virginia permits no-fault divorce under § 20-91(A)(9), but no-fault divorce grounds and the legal treatment of marital fault in a disputed spousal support case are not identical questions.

Under Virginia Code § 20-107.1, certain conduct contributing to the dissolution of the marriage can be relevant to a contested support determination.

In particular, § 20-107.1(B) establishes a statutory restriction on permanent maintenance and support in cases involving a qualifying adultery ground in favor of the spouse who would otherwise pay support, subject to the statute’s manifest-injustice exception.

Section 20-107.1(E) also addresses the circumstances and factors contributing to the dissolution of the marriage.

Does That Mean Spouses Cannot Negotiate Support After Adultery?

No. The legal framework for an agreement is different from the court resolving a disputed claim for support.

Virginia Code § 20-109(C) addresses the effect of qualifying stipulations and contracts in divorce and support proceedings.

A spouse should not assume that selecting no-fault divorce grounds automatically erases every potential legal consequence of marital misconduct if support remains disputed.

At the same time, spouses may negotiate an appropriate settlement instead of litigating every potential dispute about fault.

How Do You Finalize an Uncontested Divorce With Spousal Support?

The precise procedure depends on the case, court requirements, and the agreements reached by the parties.

Step 1: Exchange Relevant Financial Information

Before settling support, each spouse should have enough reliable information to understand the proposed financial terms.

Relevant information may include income, expenses, assets, debts, retirement benefits, and business interests.

Step 2: Negotiate Support and Other Divorce Terms

The spouses may negotiate directly, through their attorneys, or through mediation or another appropriate process.

They should resolve the support amount, duration, modification rights, termination provisions, and the other issues necessary for their agreement.

Step 3: Prepare and Sign a Settlement Agreement

The negotiated terms should be documented in a legally appropriate agreement.

The agreement should clearly distinguish support provisions from property division, debt allocation, and any child-related obligations.

Step 4: Satisfy the Legal Requirements for Divorce

The parties must satisfy the applicable residency, separation, jurisdictional, and procedural requirements.

The divorce action is handled in circuit court, subject to the applicable filing rules.

Step 5: Complete the Required Court Filings

Depending on the case, this may involve a divorce complaint, appropriate service or acceptance of service, proof of the statutory grounds, the settlement agreement, and a proposed final decree.

Virginia Code § 20-99 governs aspects of divorce proceedings, including requirements concerning proof and service.

The specific documents and procedures may differ depending on the court and circumstances.

Step 6: Obtain the Final Divorce Decree

If the requirements are satisfied, the circuit court may enter the final decree.

Under § 20-109.1, qualifying settlement terms may be incorporated into the decree.

Do not assume the divorce is final or that an agreement has been incorporated until the appropriate court order has actually been entered.

What if You Agree to Divorce but Cannot Agree on Spousal Support?

If the spouses cannot resolve support, the case may require additional negotiation, mediation, or contested court proceedings.

The parties may agree that the marriage should end while disagreeing about:

• Whether support should be paid.
• The amount of support.
• How long payments should continue.
• Whether payments should be modifiable.
• Whether future support rights should be waived or reserved.

The existence of a disagreement does not necessarily mean every other divorce issue must be litigated.

Spouses may resolve property and other issues by agreement while leaving a properly raised support dispute for judicial determination, subject to applicable procedural requirements.

However, the divorce should not be described as fully uncontested if an issue still requires adjudication.

For a detailed explanation of court proceedings, review our Virginia Spousal Support Process guide.

Examples of Spousal Support Agreements in Uncontested Divorces

The following examples are hypothetical. They illustrate possible negotiated arrangements, not guaranteed court outcomes or recommendations for any particular family.

Example 1: A Long Marriage With a Significant Income Difference

Two spouses divorce after 24 years of marriage. One earns substantially more, while the other spent much of the marriage managing the home and raising children.

They negotiate a support arrangement addressing the lower-earning spouse’s needs, earning capacity, and retirement circumstances.

The agreement specifies the payment amount, duration, and applicable termination and modification provisions.

Key issue: A long marriage may support considering a longer support arrangement, but it does not automatically mandate lifetime support.

Example 2: Shorter Marriage With a Career Transition

Two spouses divorce after seven years of marriage. One spouse has been pursuing training to reenter the workforce.

They negotiate support for a defined period to assist with the transition.

The agreement identifies when payments begin and end and whether specified future events affect the obligation.

Key issue: A defined period can create predictability, but the modification and termination terms still require careful attention.

Example 3: Property Division and a Support Waiver

A couple negotiates the division of substantial assets.

One spouse agrees to waive support as part of an arrangement involving property and other financial considerations.

Before signing, both parties should understand the assets being distributed, any tax consequences, and the legal effect of the waiver.

Key issue: A support waiver should be evaluated as part of the complete financial settlement.

Example 4: A Business Owner With Variable Income

One spouse owns a business with fluctuating income and irregular distributions.

The spouses negotiate support after reviewing available financial statements and relevant compensation information.

The agreement addresses the amount and whether future material financial changes may permit modification.

Key issue: A business owner’s reported salary may not describe the entire financial picture.

Example 5: Preserving Possible Future Support Rights

Both spouses currently earn sufficient incomes, but one is concerned about future health limitations affecting employment.

Rather than agreeing to current monthly support, the spouses explore whether an appropriately structured reservation of support rights is available.

Key issue: A valid reservation and a permanent waiver can have very different consequences.

Spousal Support Settlement Agreement Checklist

Before signing an uncontested divorce agreement involving spousal support, review the following issues with an attorney:

• Eligibility and intent: Does the agreement clearly state whether support is being paid, waived, or reserved?
• Amount: Is the payment amount specific and understandable?
• Commencement: Is the first payment date clearly identified?
• Frequency: Does the agreement specify when payments are due?
• Duration: Is the obligation for a defined or undefined duration?
• Modification: Can the amount or duration be changed later?
• Nonmodifiability: Are any restrictions express, intentional, and understood?
• Termination: How do remarriage, death, cohabitation, and other events affect support?
• Retirement: Are foreseeable retirement issues adequately considered?
• Complex income: Does the agreement address relevant bonuses, commissions, or business income where appropriate?
• Property: Has support been evaluated alongside the distribution of assets and debts?
• Tax treatment: Have the parties considered the applicable federal tax rules?
• Incorporation: Is the intended relationship between the agreement and divorce decree clear?
• Enforcement: Are the obligations sufficiently clear to address a potential later dispute?

Not every agreement needs identical provisions, but the parties should understand which financial rights and obligations will survive the divorce.

Common Mistakes When Negotiating Spousal Support in an Uncontested Divorce

1. Assuming Uncontested Means Financially Simple

Spouses may agree to divorce amicably while facing significant financial complexity.

2. Waiving Support Without Understanding the Consequences

An enforceable waiver may have long-term effects that cannot simply be reversed after divorce.

3. Failing to Address Modification

Unclear or unintended modification provisions can become a source of later disputes.

4. Assuming Indefinite Support Lasts Forever

Undefined-duration support may still be affected by applicable termination and modification rules.

5. Negotiating Without Reliable Financial Information

Incomplete information about income, investments, assets, or debts can undermine the financial basis for an agreement.

6. Ignoring Retirement

Retirement can substantially affect the finances of both the paying and receiving spouse.

7. Using Outdated Alimony Tax Assumptions

Federal tax law changed for divorce and separation instruments executed after 2018.

8. Assuming No-Fault Divorce Makes Fault Legally Irrelevant

Marital fault may still have legal significance when spousal support is contested.

9. Failing to Distinguish Support From Property Division

Payments serving different legal purposes may have different consequences.

10. Signing an Agreement Before Understanding the Final Decree

The relationship between a valid agreement, its incorporation into the divorce decree, and future enforceability should be understood before the divorce is finalized.

Sharie’s Takeaways

Frequently Asked Questions About Spousal Support in an Uncontested Virginia Divorce

Can I get spousal support in an uncontested divorce in Virginia?

Yes. Spouses may negotiate spousal support as part of an uncontested Virginia divorce. The agreement can address the amount, duration, payment schedule, modification rights, and other appropriate terms. A qualifying agreement may be incorporated into the final divorce decree.

Does asking for alimony make my divorce contested?

No. Asking for spousal support does not automatically make a divorce contested. However, if the parties cannot agree about support and require a judge to resolve the dispute, the proceeding may become contested as to that issue.

Do both spouses have to agree on alimony in an uncontested divorce?

The parties generally need to resolve the spousal support issue as part of their uncontested settlement, whether that means support payments, a waiver, or another legally appropriate arrangement. An unresolved dispute may require additional negotiation or litigation.

Can we agree to indefinite spousal support in Virginia?

Yes. Virginia recognizes support arrangements without a defined expiration date. However, undefined-duration support is not necessarily unconditional lifetime support. The agreement and applicable termination and modification rules remain important.

Can I receive spousal support after a short marriage?

Possibly. Virginia does not establish a universal minimum marriage duration that automatically determines eligibility for every spousal support arrangement. Spouses may negotiate appropriate terms, and courts apply the relevant statutory factors when determining contested support claims.

Can I get spousal support if we have children?

Yes. Child support and spousal support are separate legal issues. Spouses can negotiate spousal support while also addressing child support, custody, and visitation in their divorce settlement.

What happens if I waive spousal support in my divorce agreement?

An enforceable waiver may substantially limit or eliminate the right to request spousal support later. The precise consequences depend on the agreement’s wording, its validity, and applicable law. A waiver should be carefully evaluated before signing.

Can I reserve the right to request alimony later?

Potentially. Virginia Code § 20-107.1(D) authorizes reservations of future support rights under specified conditions. The reservation’s wording, duration, and applicable requirements are important. A reservation is not the same as an immediate support award or a waiver.

Can a spousal support agreement be modified after divorce?

Possibly. Virginia Code § 20-109 governs support modifications and contractual restrictions. Agreements executed on or after July 1, 2018 are subject to a specific statutory rule concerning express nonmodifiability. Whether a particular obligation can change depends on the agreement and governing law.

Can we agree that alimony will never change?

Virginia law recognizes enforceable contractual restrictions on modification in qualifying circumstances. The exact language matters. An agreement intended to make support nonmodifiable should be reviewed carefully because future financial changes may not justify altering the obligation.

Does spousal support end if the receiving spouse remarries?

Generally, Virginia Code § 20-109(D) provides that spousal support terminates upon remarriage of the receiving spouse unless a stipulation or contract provides otherwise. The governing agreement should be reviewed for any different terms.

Can we negotiate support in exchange for additional marital property?

Spouses may negotiate a comprehensive settlement addressing support and division of property. However, the legal and tax consequences of property transfers and support obligations can differ. The entire arrangement should be evaluated before agreeing to a waiver or other support provision.

Is alimony tax deductible after an uncontested divorce?

For federal income tax purposes, qualifying alimony under divorce or separation instruments executed after December 31, 2018 is generally not deductible by the paying spouse and is not taxable income to the recipient. Older instruments may be subject to different rules.

Does adultery matter if we agree to a no-fault divorce?

A no-fault divorce can proceed without litigating marital fault as grounds for divorce. However, Virginia Code § 20-107.1 contains provisions concerning marital misconduct in contested spousal support determinations. Negotiated agreements are governed by their terms and applicable law.

Do we need a lawyer to negotiate spousal support?

Virginia does not require every divorcing spouse to retain an attorney simply to negotiate a settlement. However, an attorney can help explain the legal consequences of support provisions, waivers, modification restrictions, and incorporation into a court decree, particularly when substantial financial rights are involved.

Related Virginia Family Law Resources

For a broader explanation of alimony, read our Complete Virginia Spousal Support Guide, learn when Virginia courts award spousal support, and review the Virginia Spousal Support Process.

For assistance with an existing award, see our Support Modifications Attorneys page and Modification Process Guide.

For representation involving divorce agreements, explore our Virginia Uncontested Divorce Attorneys, Property Settlement Agreements, and Spousal Support Attorneys pages.

Primary Virginia Legal Authorities

• Virginia Code § 20-91 — Grounds for divorce, including the no-fault separation requirements.
• Virginia Code § 20-97 — Residency and domicile requirements for divorce.
• Virginia Code § 20-107.1 — Spousal support awards, statutory factors, and reservations of future support rights.
• Virginia Code § 20-109 — Modification, contractual restrictions, termination, and retirement-related provisions.
• Virginia Code § 20-109.1 — Incorporation and enforcement of qualifying agreements.
• Virginia Code § 20-107.3 — Equitable distribution of marital property and debts.
• Virginia Code § 20-155 — Marital agreements.
• IRS Tax Topic 452 — Federal tax treatment of alimony and separate maintenance.

About the Author

Sharie Reyes Albers is a Partner at Virginia Family Law Center, P.C. She practices family law and represents clients throughout Northern Virginia in divorce, spousal support, child support, equitable distribution, and contested financial matters.

This article provides general information about Virginia family law and does not constitute legal or tax advice. The enforceability and consequences of a support agreement depend on its terms, applicable statutes, court orders, and the particular circumstances. Reading this article or contacting the firm does not establish an attorney-client relationship.