Virginia determines spousal support through a multi-factor statutory analysis under Va. Code § 20-107.1. Understand how the court evaluates eligibility, amount, and duration in your case.
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Spousal support in Virginia is determined by a statutory multi-factor analysis under Va. Code § 20-107.1. The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in Virginia include: Periodic (defined or undefined duration), Lump sum. The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: Va. Code § 20-107.1
The court considers these 13 statutory factors when determining the amount and duration of spousal support:
Obligations, needs, and financial resources of the parties
Standard of living established during the marriage
Duration of the marriage
Age and physical and mental condition of each party
Contributions (monetary and non-monetary) to the well-being of the family
Earning capacity and special circumstances
Property interests of each party
Education and training
Retirement benefits
Tax consequences
Extent to which earning capacity was limited by marriage responsibilities
Decisions made during the marriage regarding employment, education, and parenting
Any other factor necessary for equity
No formula. Entirely discretionary based on 13 factors. Always modifiable upon change in circumstances.
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
ADULTERY BAR (§ 20-107.1(B)): adultery by the seeking party bars spousal support UNLESS "manifest injustice" — must show both degree of fault AND economic circumstances.
2024 amendment (c. 51): WRITTEN FINDINGS now required in contested spousal support cases.
Fault also affects property division under factor 5 of § 20-107.3(E).
Cohabitation for 1+ year terminates support (§ 20-109(A)).
2024 amendment (c. 51): written findings required in contested spousal support cases.
Find out if you qualify, how much you might receive (or pay), and for how long.
Residency Requirement
6 months in Virginia
Mandatory Waiting Period
1 year separation (6 months if no minor children + written separation agreement)
No-Fault Ground
Living separate and apart for required period
State Income Tax
Progressive: 2% (<$3K), 3% ($3K–$5K), 5% ($5K–$17K), 5.75% ($17K+)
Virginia Child Support Calculator
Income shares model with statutory schedule under Va. Code § 20-108.2
Virginia Property Division Calculator
No 50/50 presumption — equitable distribution based on 11 statutory factors
Virginia Divorce Settlement Calculator
Complete 8-chapter divorce analysis for Virginia
Virginia does not use a fixed formula for spousal support. Instead, courts apply a multi-factor analysis under Va. Code § 20-107.1 to determine the amount and duration based on the specific circumstances of each case.
Virginia recognizes the following types of spousal support: Periodic (defined or undefined duration), Lump sum. The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
No formula. Entirely discretionary based on 13 factors. Always modifiable upon change in circumstances.
Yes. Spousal support orders in Virginia can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
Get a personalized spousal support analysis based on Virginia's actual statutory framework.
Start My Free VirginiaEstimate →This tool provides educational estimates based on Virginia family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed Virginia family law attorney before making decisions. Primary statute: Va. Code § 20-107.1.