Family Law Services
Spousal Support Attorney in Fredericksburg, Virginia
Spousal support, sometimes called alimony, is one of the more fact-intensive issues in Virginia divorce law. There is no formula. Courts weigh a range of factors and have broad discretion in deciding whether support is appropriate, what form it takes, and how long it lasts. Whether you expect to pay support or receive it, understanding how Virginia courts approach these decisions matters before you negotiate or litigate. Shawna L. Stevens PLLC — Shawna is a female family law attorney who represents clients in spousal support proceedings across Fredericksburg and the surrounding counties.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
Types of Spousal Support in Virginia
Virginia Code § 20-107.1 governs spousal support. Courts can award different types depending on the circumstances of the marriage and the needs of the parties. For a comprehensive overview, see our guide to how much spousal support you may pay or receive in Virginia.
Temporary Support (Pendente Lite)
Temporary support can be awarded while the divorce is pending. It is designed to maintain the financial status quo during the case, not to preview the final outcome. The standard for temporary support differs from the standard for permanent support.
Rehabilitative Support
Rehabilitative support is time-limited. It is intended to help a spouse re-enter the workforce, complete education or training, or otherwise become self-supporting. Courts set a defined end date or milestone for this type of support.
Permanent Support
Permanent support is most common in long marriages where one spouse sacrificed career advancement to support the family. It does not necessarily last forever. It can be modified or terminated if circumstances change, including retirement or remarriage.
Lump Sum Support
In some cases, parties agree to a single payment in lieu of ongoing monthly support. This can simplify matters and eliminate future disputes over modification, but it requires careful financial analysis to get right.
What Virginia Courts Consider
Virginia Code § 20-107.1(E) lists the factors courts weigh when deciding spousal support. No single factor is determinative. Judges look at the full picture, which typically includes:
- The needs of each party and their ability to meet those needs independently
- The standard of living established during the marriage
- The duration of the marriage
- Each party's age and physical and mental condition
- Each party's financial resources, including assets and liabilities
- Each party's earning capacity, including education, skills, employment history, and the time and cost needed to acquire education or training to find appropriate employment
- Contributions to the well-being of the family, including homemaking and childcare
- Property interests of both parties
- The circumstances that contributed to the dissolution of the marriage, including any fault grounds
- Tax consequences of any support award
Fault matters in Virginia. A spouse who committed adultery can be barred from receiving spousal support entirely, unless denying support would be a manifest injustice. See our post on Virginia spousal support pitfalls including adultery and retirement for more on how fault affects the outcome.
How Fault Affects Spousal Support
Virginia is one of the few states where fault at divorce still carries real weight in spousal support decisions. Under Virginia Code § 20-107.1(B), a court shall not award support to a spouse who committed adultery unless denying support would constitute a manifest injustice based on the circumstances. Proving or defending against a fault claim requires specific evidence and legal strategy.
Other fault grounds, including cruelty and desertion, can also affect the support determination. Our divorce page covers Virginia's fault grounds in more detail. For the intersection of adultery and financial outcomes, see our post on adultery and divorce in Virginia.
How Long Does Spousal Support Last?
Virginia does not have a standard formula for duration. Courts set the length of support based on the same factors used to determine the amount. Common benchmarks include half the length of the marriage for moderate-length marriages, but courts have wide discretion and do not follow any fixed rule.
Support typically terminates when the receiving spouse remarries, when either party dies, or at the end of a defined term. Courts can also terminate or reduce support when the receiving spouse cohabitates in a relationship analogous to marriage for one year or more under Virginia Code § 20-109. Retirement by the paying spouse can be grounds for modification or termination depending on the circumstances. See our post on how long spousal support lasts in Virginia for a detailed breakdown.
Modifying or Terminating Spousal Support
A spousal support order can be modified when there has been a material change in circumstances, unless the parties agreed in writing that support is non-modifiable. Common grounds for modification include a significant change in either party's income, retirement, serious illness, or the receiving spouse's cohabitation or remarriage.
Our family law modifications page explains what qualifies as a material change and how to bring a modification petition in Virginia.
Spousal Support in the Context of Divorce
Spousal support is decided alongside property division and child support in most divorce cases. The three issues interact. A larger property settlement can reduce the need for ongoing support. A higher child support obligation affects what is available for spousal support. Working through these issues together, rather than in isolation, leads to better outcomes. Our divorce page covers the full picture.
For military families, spousal support calculations can involve additional considerations around military retirement and benefits. Our military divorce page addresses these issues specifically.
Spousal Support in the Fredericksburg Area Courts
Spousal support is determined in Circuit Court as part of divorce proceedings. Shawna has practiced in the Fredericksburg area courts for over 20 years, including the Circuit Court of the City of Fredericksburg, Stafford County Circuit Court, Spotsylvania County Circuit Court, and the courts in King George and Caroline counties. For a local perspective on how these cases are handled, see our guide to spousal support in Fredericksburg, VA.
Questions We Hear Often
Is spousal support automatic in a Virginia divorce?
No. A spouse must request support, and the court decides whether it is appropriate based on the statutory factors. It is not awarded in every divorce.
How is the amount of spousal support determined?
Virginia has no formula. Courts weigh the factors in Virginia Code § 20-107.1(E), including each party's needs, earning capacity, the length of the marriage, and the standard of living. The amount is based on what the court finds reasonable given all the circumstances.
Does adultery affect spousal support in Virginia?
Yes. A spouse who committed adultery is generally barred from receiving support under Virginia Code § 20-107.1(B), unless denying support would be a manifest injustice. Proving adultery requires clear and convincing evidence.
Can spousal support be modified after it is ordered?
Yes, unless the parties agreed in writing that it is non-modifiable. A material change in circumstances, such as a significant income change, retirement, or the receiving spouse's remarriage or cohabitation, can support a petition for modification or termination.
What happens to spousal support if I retire?
Retirement can be grounds for modification or termination depending on whether it was voluntary or forced, the paying spouse's age, and the overall financial picture. Courts have discretion. See our post on spousal support and retirement in Virginia for more detail.
Does spousal support affect taxes?
Under current federal tax law, spousal support paid under agreements executed after December 31, 2018 is not deductible by the payor and is not taxable income to the recipient. Agreements executed before that date follow the prior rules. Tax consequences should be factored into any support negotiation.
How long does spousal support last?
There is no fixed rule in Virginia. Courts set the duration based on the same factors used to determine the amount. Support can be for a defined term, tied to a milestone like completing education, or open-ended in long marriages.
Serving Fredericksburg and the Surrounding Region
Shawna L. Stevens PLLC represents clients throughout Northern Virginia, including Fredericksburg city (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, Caroline County, Orange County, and Westmoreland County. We also serve military families near Marine Corps Base Quantico, Naval Support Facility Dahlgren, and Fort Belvoir.
Stafford County
Family law representation at the Stafford County Circuit Court — divorce, custody, support, and property division.
Spotsylvania County
Family law representation at the Spotsylvania County Circuit Court — divorce, custody, support, and property division.
King George County
Family law representation at the King George County Circuit Court — divorce, custody, support, and property division.
Caroline County
Family law representation at the Caroline County Circuit Court — divorce, custody, support, and property division.
Orange County
Family law representation at the Orange County Circuit Court in Orange — divorce, custody, support, and property division.
Westmoreland County
Family law representation at the Westmoreland County Circuit Court in Montross — divorce, custody, support, and property division.
Talk to a Spousal Support Attorney in Fredericksburg
Whether you expect to pay or receive support, getting early advice on how Virginia courts approach these decisions helps you negotiate from a stronger position. Contact Shawna L. Stevens PLLC to schedule a confidential consultation.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Related: Divorce • Property Division • Child Support • Modifications • Military Divorce • Uncontested Divorce