Spousal Support & Alimony FAQ

  • Spousal support (also called alimony) is a payment from one spouse to another after separation or divorce. Its purpose is to help the lower-earning spouse maintain financial stability, particularly after long-term marriages or when one spouse has been financially dependent.

  • Virginia courts consider several factors, including:

    • The duration of the marriage

    • Each spouse’s income and earning capacity

    • Age and health of both spouses

    • Standard of living during the marriage

    • Contributions to the marriage (financial and non-financial)
      There is no set formula, and judges have broad discretion in contested cases.

  • No. Spousal support must be requested and justified. It’s not guaranteed, and may be waived if a spouse fails to request it or signs it away in a separation agreement.

  • It depends on the situation:

    • Temporary support: Paid while the divorce is pending

    • Rehabilitative support: Short-term to help a spouse become self-supporting

    • Permanent support: Rare, typically reserved for long marriages where one spouse cannot reasonably re-enter the workforce

    • Duration may be set by agreement or determined by the court

  • Yes. In Virginia, a spouse found guilty of adultery is barred from receiving spousal support, unless denying it would result in a manifest injustice. Other fault grounds (like cruelty or desertion) can influence support awards as well.

  • Yes — spousal support may be modified or terminated if there is a material change in circumstances, such as:

    • Change in income

    • Loss of employment

    • Retirement

    • Remarriage or cohabitation by the receiving spouse

  • Yes. Spousal support terms can be included in a separation agreement. If both parties agree and the agreement meets legal requirements, the court will generally approve it.

  • If court-ordered spousal support is not paid, the receiving spouse can file a motion for enforcement. The court may impose penalties, garnishments, or even hold the non-paying spouse in contempt.

  • For divorces finalized before January 1, 2019, spousal support payments may be deductible by the payer and taxable to the recipient. For divorces finalized after that date, under federal tax law (TCJA), spousal support is no longer tax-deductible or taxable.