In Virginia, alimony — also called spousal support or spousal maintenance — is determined at the court's discretion after weighing the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage; there is no single mandatory formula. Our calculator applies common advisory benchmarks to provide a planning estimate for Virginia spousal support.
Virginia alimony is awarded following a divorce or legal separation when one spouse has significantly lower income or earning capacity than the other. Unlike child support, which is calculated under a mandatory statutory formula (Va. Code §20-108.2), alimony in Virginia is not determined by a single mandatory formula. Instead, Virginia courts weigh a range of statutory factors to determine whether alimony is appropriate and, if so, the amount and duration most equitable given the facts of the case.
Because alimony decisions in Virginia are highly fact-specific and subject to judicial discretion, the estimates provided here should be treated as a starting point for planning and negotiation, not as a prediction of what a court will actually order. Actual awards can differ substantially based on your judge, the specific facts of your case, and any negotiated agreements reached in mediation. Always consult a licensed family law attorney in Virginia before making financial decisions based on any alimony estimate.
Virginia has NO formula for post-divorce spousal support — courts weigh the 13 factors in Va. Code § 20-107.1. For TEMPORARY (pendente lite) support in cases where combined monthly gross income is $10,000 or less, § 16.1-278.17:1 provides a presumptive formula: without minor children, 27% of the payor's monthly gross income minus 50% of the payee's; with minor children, 26% minus 58%.
| Category | Details |
|---|---|
| Formula / Method | Pendente lite only: (27% × payor gross) − (50% × payee gross) without children; (26% × payor gross) − (58% × payee gross) with children. Final support: factor-based, no formula. |
| Duration | Court may award for a defined duration or indefinitely; undefined-duration awards are more common after long marriages. |
| Fault | Adultery generally BARS spousal support for the guilty spouse, unless denial would be a manifest injustice based on the parties' respective degrees of fault and economic disparity. |
| Modification | Modifiable on material change in circumstances unless parties' agreement says otherwise; terminates on remarriage and can terminate on cohabitation for 1+ year. |
| Factor | Typical Impact on Award |
|---|---|
| Length of marriage | High — marriages under 10 years rarely result in permanent alimony |
| Income and earning capacity disparity | High — primary driver of amount; larger gap = larger award |
| Standard of living during marriage | High — courts try to preserve it for the lower-earning spouse |
| Non-economic contributions (homemaking) | Moderate — compensates career sacrifices during marriage |
| Age and health of each spouse | Moderate — poor health or older age limits ability to become self-supporting |
| Marital misconduct / fault | Varies — Virginia law determines whether fault is a permissible factor |
| Time to become self-supporting | Moderate — affects duration; education or training shortens it |