Can I get alimony in Virginia

Yes, you may be eligible to receive alimony (spousal support) in Virginia if the court determines that one spouse has a financial need and the other spouse has the ability to pay. Virginia is an equitable distribution state, and spousal support is governed by Va. Code § 20-107.1. The court examines thirteen statutory factors—including the duration of the marriage, each spouse’s earning capacity, contributions to the family, and the standard of living during the marriage—to decide whether to award support, how much, and for how long. The process can involve temporary support while a divorce is pending, rehabilitative support for a set period, or permanent support in long-duration marriages where a spouse cannot become self-supporting. No single factor controls; the court weighs all circumstances. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding Spousal Support in Virginia

Virginia courts award three types of alimony. Temporary (pendente lite) support may be ordered while a divorce case is underway to maintain the status quo. Rehabilitative support is designed to assist a spouse in obtaining education or training to become self-sufficient. Permanent—or more accurately indefinite—support is reserved for cases where, because of age, health, or a long marriage, a spouse cannot realistically enter the workforce. The court is not bound by formulas; it exercises discretion based on the evidence presented.

The statutory factors include each party’s needs, obligations, and resources; the standard of living during the marriage; the duration of the union; contributions to the family and to the other spouse’s career; the age and physical condition of each party; and any history of fault, such as adultery or cruelty, that may have contributed to the breakdown of the marriage. Because Virginia is an equitable distribution state, the division of marital property under Va. Code § 20-107.3 also influences spousal support. A spouse who receives a larger share of marital assets may be awarded less support, and vice versa. Mr. Sris and his Of Counsel work to position our clients’ cases under these overlapping statutes.

Frequently Asked Questions

What factors does a Virginia court consider when deciding alimony?

A Virginia court considers thirteen specific factors under Va. Code § 20-107.1 to decide whether to award spousal support, the amount, and the duration. Those factors include the earning capacity and financial resources of each spouse, the standard of living during the marriage, the length of the marriage, each party’s age and health, contributions to the family and to the other spouse’s career, and any fault that led to the dissolution. The court may also consider the equitable distribution of property and the tax consequences. No single factor is decisive; the judge weighs all the evidence. For a detailed analysis of how the factors apply in your marriage, consult an experienced Virginia family law attorney.

Can I get alimony if I was a stay-at-home parent?

Yes, a stay-at-home parent may be awarded alimony if the court finds a financial need and the other spouse has the ability to pay. The court will examine how long you were out of the workforce, your current earning potential, and the contributions you made to the household and to your spouse’s career. A longer absence from the job market often supports a rehabilitative award that gives you time to obtain training or education. In some long-duration marriages, permanent support may be appropriate. Reach our firm at (888) 437-7747 to discuss your options.

Does adultery affect alimony in Virginia?

Adultery can affect spousal support in Virginia, both as a fault ground and as a bar to receiving support. If a spouse committed adultery, the court may consider that conduct when deciding whether to award alimony and how much. Moreover, under Virginia law, a spouse who is found guilty of adultery is generally barred from receiving spousal support unless the court finds that denying support would be manifestly unjust. The evidence must be clear and convincing. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How long does alimony last in Virginia?

The duration of alimony depends on the type of award and the specifics of the case. Temporary support ends when the divorce becomes final. Rehabilitative support continues for a defined period set by the court, such as long enough to finish a degree program. Permanent support may last indefinitely, but it can be modified or terminated if the recipient remarries, cohabits in a marriage-like relationship, or if there is a material change in circumstances. Some awards include a provision for automatic review after a set number of years. For case-specific advice, contact Law Offices Of SRIS, P.C.

What is the difference between alimony and property division?

Alimony is ongoing financial support from one spouse to the other; property division is the one-time allocation of marital assets and debts. In Virginia, property division is governed by equitable distribution under Va. Code § 20-107.3, while spousal support is governed by § 20-107.1. The two are interrelated: a spouse who receives a larger share of the marital property may receive less alimony. Alimony is taxable to the recipient and deductible to the payor under current federal tax rules only if the divorce decree or separation agreement was executed before 2019. Our lawyers can explain how these overlaps affect your settlement strategy.

Can alimony be modified after a divorce?

Yes, spousal support can be modified after a divorce if there has been a material change in circumstances that was not anticipated at the time of the original order. Common reasons include a substantial change in either party’s income, involuntary job loss, illness, or the recipient’s remarriage. The party seeking modification must prove the change. If the parties signed a separation agreement that includes a provision limiting or waiving modification, that agreement will generally be enforced. Reach Mr. Sris and his Of Counsel at (888) 437-7747 to discuss whether your situation qualifies.

Do I need a lawyer to obtain alimony in Virginia?

You are not legally required to have a lawyer, but an experienced family law attorney can help you present the strong case for spousal support or defend against an unreasonable claim. Alimony disputes often involve detailed financial discovery, including business valuations, income tracing, and lifestyle analysis. Without counsel, you risk missing key evidence or failing to properly argue the statutory factors. Mr. Sris and his Of Counsel bring extensive combined legal experience to family law cases across Virginia. For a consultation, call (888) 437-7747.

What should I bring to a consultation about alimony?

Bringing organized financial documents helps your attorney evaluate your alimony case efficiently. Useful items include tax returns for the last three years, pay stubs, W-2s, bank statements, retirement account statements, a list of monthly expenses, and a written summary of your marriage timeline—including any periods you were out of the workforce. If you own a business, bring profit-and-loss statements. Having this information ready allows Mr. Sris and his team to give you a realistic assessment during your initial meeting. Contact us to schedule a consultation.

How does the court decide temporary alimony while the divorce is pending?

The court decides temporary alimony by examining the immediate financial needs of the requesting spouse and the other spouse’s ability to pay, without waiting for the final merits of the divorce. A pendente lite hearing is scheduled shortly after the complaint is filed. The judge will review affidavits of income and expenses, and may order temporary support to cover housing, utilities, and other necessities. The temporary order remains in effect until the final decree unless modified. For guidance on pursuing temporary support, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can a prenuptial agreement prevent alimony?

Yes, a valid prenuptial or postnuptial agreement can limit or waive spousal support, provided the agreement was entered into voluntarily and with full financial disclosure. Virginia courts will enforce a premarital waiver of alimony unless it would leave a spouse destitute and dependent on public assistance. The agreement must be in writing and signed by both parties. If you are contesting the validity of a spousal-support waiver, an experienced family law attorney can evaluate whether the agreement meets the legal requirements. Call (888) 437-7747 to discuss your prenuptial agreement.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. He is a former prosecutor who testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring extensive combined legal experience to spousal support matters. They have documented case results since 1997. Results may vary. To request a consultation, contact the firm at (888) 437-7747.

Additional resources:
Va. Code § 20-107.1 – Spousal support factors |
Va. Code § 20-107.3 – Equitable distribution |
Virginia Judicial System

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