By Sharie Reyes Albers, Partner, Virginia Family Law Center
Spousal support, often called alimony in other states, is one of the most complex issues in a Virginia divorce. It affects long-term financial stability for both parties and often determines whether each spouse can maintain a reasonable standard of living after separation.
In many cases we have seen the outcome turn on how long the parties were married, the difference in their incomes, and the choices they made about work and family life during the marriage.
Because every support case is rooted in the specific facts of that marriage, courts must follow a structured analysis under Virginia Code § 20-107.1. That statute outlines when support may be awarded, how eligibility is determined, and which factors guide the court in setting both the amount and the duration of support.
Recommended reading: Virginia Divorce Process Guide.
When a Spouse Is Eligible for Support
Before a court ever calculates a dollar amount, it must decide whether the spouse seeking support is eligible. Virginia Code § 20-107.1(B) requires judges to consider the “circumstances and factors” that contributed to the breakdown of the marriage. Misconduct matters at this stage, especially when it has a financial impact.
The effect of adultery
Adultery typically bars a spouse from receiving support unless denying support would create a manifest injustice. This standard is difficult to meet. The court looks at earning capacity, health, financial need, and the overall equities of the marriage. For example, in a long-term Fairfax marriage where one spouse left the workforce for more than a decade to raise children, a judge may still award support despite adultery if the economic imbalance is severe.
If adultery is alleged, the accusing spouse must meet a clear and convincing evidence standard.
How Courts Decide Amount and Duration of Support
Once eligibility is established, the court uses the statutory factors in Virginia Code § 20-107.1(E) to determine the amount and duration of support. These factors cover nearly every aspect of the parties’ financial and personal circumstances.
Virginia judges routinely examine:
- Each party’s income, assets, and financial obligations
- The length of the marriage
- The standard of living established during the marriage
- The age and health of both spouses
- The decisions the parties made about work, education, and childcare
- How long one spouse has been absent from the workforce
- The contributions, both monetary and nonmonetary, each spouse made to the family
Courts in Northern Virginia often spend considerable time evaluating career decisions made during the marriage. For example, a spouse who left a marketing career in Arlington to care for children full-time during a 14-year marriage may have a diminished earning capacity. The court must factor that in, along with the time needed to retrain or re-enter the workforce.
Voluntary Underemployment and Imputed Income
A frequent dispute in support cases concerns whether a spouse is earning what he or she reasonably could. Virginia law allows judges to “impute” income when a spouse is voluntarily unemployed or voluntarily underemployed.
In practice, this means the court may assign a higher income than the spouse currently earns. It often arises when a high-earning professional reduces hours before trial or when a spouse refuses employment despite having marketable skills. Courts look at education, work history, job availability, and the reason for the employment change.
How Courts Determine Duration of Support
The same factors used to calculate the amount of support also guide the court in setting the duration. The Court of Appeals has made clear that judges must identify the specific reasons for awarding support for a limited period.
Courts in Fairfax and Loudoun often require a clear factual basis for limiting support to a specific duration. Judges typically want to understand how long it will take for a spouse to retrain, complete necessary education, or stabilize work schedules before ending support.
A party seeking to limit support has the burden of showing why a specific duration meets the needs and goals outlined in § 20-107.1(E). Vague requests or unsupported timelines rarely succeed.
Tax Treatment of Spousal Support After 2019
For all new support orders entered after January 1, 2019, the Tax Cuts and Jobs Act eliminated the deduction for spousal support and removed the requirement that the recipient pay income tax on those payments.
Support is now:
- Not deductible by the payor
- Not taxable income to the payee
This change significantly affects negotiation. Under the old rules, high-income payors could reduce their tax liability through deductible support, making higher payments more manageable. Today, a $3,000 monthly award costs the payor the full $3,000. The court must consider the post-tax financial circumstances of each party when applying the § 20-107.1 factors.
Temporary (Pendente Lite) Spousal Support
Divorces in Northern Virginia often take months to resolve. During that time, the court may enter a temporary support order under Virginia Code § 20-103.
Temporary support is typically calculated using the statutory guidelines in § 16.1-278.17:1, which apply in both JDR courts and circuit courts:
- Cases with minor children: 26% of the payor’s gross income minus 58% of the payee’s
- Cases without minor children: 27% of the payor’s gross income minus 50% of the payee’s
These presumptive formulas apply only when the parties’ combined gross monthly income does not exceed $10,000. Above that threshold, judges revert to the full § 20-107.1 analysis, even at the pendente lite stage.
Temporary support is not intended to mirror a final award. It is a short-term financial bridge until the court can hear full evidence.
Separate Maintenance: Support Without Filing for Divorce
Some spouses are not ready or able to file for divorce. Virginia law allows a spouse to request separate maintenance under Virginia Code § 20-103 and § 20-107.1.
This is often used in Arlington or Fairfax when couples remain married for religious, financial, or immigration reasons but need court-ordered support. The court analyzes the same statutory factors used in spousal support cases.
Modification of Spousal Support
Whether support can be modified later depends on how the original obligation was created.
Support from an agreement
If the obligation comes from a marital settlement agreement:
- Agreements before July 1, 2018 are not modifiable unless they explicitly say they are.
- Agreements after July 1, 2018 are modifiable only if they state that they are.
- If an agreement is silent on modifiability post-2018, the support order cannot be modified.
Support ordered by a judge
Court-ordered support is generally modifiable upon a showing of:
- A material change in circumstances, and
- A change that warrants adjustment of the existing support.
The change must be involuntary. For example, layoffs, medical issues, or involuntary reductions in hours may justify review. Quitting a job or reducing income voluntarily usually does not.
Judges in Loudoun and Fairfax frequently reject modification requests when a self-employed spouse claims declining income without credible records.
Why Spousal Support Cases Require Careful Preparation
Support cases are won or lost through documentation and credibility. Courts want to see financial records, work history, budgets, tax returns, and evidence of the marital lifestyle. The more complete the evidence, the more persuasive the case.
Our firm represents both payors and recipients in complex spousal support matters. We understand how local courts apply the statutory factors and how to frame each party’s circumstances with clarity and precision.
Contact Us
If you need guidance on spousal support or any aspect of divorce, contact Virginia Family Law Center to schedule your consultation. Call us at 703.865.5839 or request a Free Case Review through our secure online form.
About the Author
Sharie Reyes Albers
is a Partner and senior family law attorney at Virginia Family Law Center, representing clients throughout Northern Virginia in divorce, child custody, visitation, child support, and equitable distribution matters. A Virginia lawyer since 2012, Ms. Albers practices exclusively in family law and is known for her courtroom skill, strategic case preparation, and steady guidance during high-conflict family disputes.
