Spousal Support in Virginia: The Temporary Formula, the 13 Factors, and When It Ends
Virginia family law · Last reviewed October 27, 2026
Virginia uses two different approaches. While the divorce is pending, a statutory formula sets presumptive temporary ("pendente lite") support for couples whose combined gross income is $10,000 a month or less. In the final decree, there's no formula: the court weighs 13 factors and decides whether to award support, how much, and for how long.
Temporary support: the formula
The formula is in § 20-103 for circuit court and, in the same words, in § 16.1-278.17:1 for the juvenile and domestic relations district court:
If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 26 percent of the payor spouse's monthly gross income and 58 percent of the payee spouse's monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 27 percent of the payor spouse's monthly gross income and 50 percent of the payee spouse's monthly gross income.
Virginia temporary (pendente lite) spousal support formula
Va. Code §§ 20-103(E)-(I) and 16.1-278.17:1 · the presumptive amount while the case is pending, for combined gross income of $10,000 a month or less. Not the final award.
Four rules go with it:
- Spousal support first. When the court sets both, it figures temporary spousal support before child support.
- Income limit. The formula "shall only apply to cases where the parties' combined monthly gross income does not exceed $10,000." Above that, the court decides temporary support on the evidence.
- Deviation. The court may depart from the formula for good cause, such as the parties' current finances or tax effects.
- No carryover. A temporary order "shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause."
"Monthly gross income" has the same meaning as in the child support statute (§ 20-108.2).
The final award: 13 factors
Section 20-107.1 first asks whether to award support at all, considering the circumstances that led to the divorce, "specifically including adultery" and the other fault grounds. Then, for the nature, amount, and duration, the court considers:
- Each spouse's obligations, needs, and financial resources, including 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 or condition makes it appropriate for a parent not to work outside the home.
- Each spouse's monetary and nonmonetary contributions to the family.
- Each spouse's property interests.
- The property division under § 20-107.3.
- Each spouse's earning capacity, skills, education, and training, and the jobs available.
- The time and cost of education or training to improve earning ability.
- Decisions made during the marriage about work, career, education, and parenting, and their effect on earning power, including time out of the job market.
- Each spouse's contribution to the other's education, training, or career.
- Any other factor needed to do equity, including tax consequences and the grounds for divorce.
In contested circuit court cases, an order granting, reserving, or denying support must come with written findings that identify the factors behind it.
The forms an award can take
The court may order support "in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof." Or it can reserve the right to ask for support later. A reservation is presumed to last half the time between the wedding and the separation, though the presumption can be rebutted.
The adultery bar
No permanent support may be awarded to a spouse against whom there's a ground of divorce for adultery, sodomy, or buggery under § 20-91(A)(1), unless the court finds by clear and convincing evidence that denying support would be a manifest injustice, based on the spouses' relative fault and economic circumstances. Since July 1, 2026, the adultery ground covers only adultery before the last separation.
When support ends or changes
Under § 20-109:
- Death or remarriage. "Unless otherwise provided by stipulation or contract, spousal support and maintenance shall terminate upon the death of either party or remarriage of the spouse receiving support."
- Cohabitation. On clear and convincing proof that the receiving spouse has been "habitually cohabiting with another person in a relationship analogous to a marriage for one year or more", the court must end support, unless an agreement says otherwise or ending it would be unconscionable.
- Changed circumstances. Support can be increased, decreased, or ended when circumstances change, within the limits of § 20-109 and of any agreement the court incorporated into the decree.
Frequently asked questions
Is there an alimony calculator in Virginia?
Only for temporary support while the case is pending, and only when combined gross income is $10,000 a month or less. Final spousal support has no formula.
How is temporary spousal support calculated in Virginia?
With minor children in common: 26% of the paying spouse's gross monthly income minus 58% of the receiving spouse's. With none: 27% minus 50%. The court can deviate for good cause.
How long does spousal support last in Virginia?
There's no set schedule. The court can order support for a defined period, an undefined period, or a lump sum. If it reserves the right to seek support later, the reservation is presumed to last half the length of the marriage up to separation.
Does adultery prevent spousal support in Virginia?
Usually. A spouse with an adultery ground against them can't get permanent support unless the court finds, by clear and convincing evidence, that denying it would be a manifest injustice.
Does spousal support end if my ex moves in with someone?
It can. After one year or more of cohabitation in a relationship like a marriage, proved by clear and convincing evidence, the court must end support unless an agreement says otherwise or termination would be unconscionable.