Spousal support, as alimony is known in Virginia, is financial assistance that one spouse may be ordered to pay to another after separation or divorce. It serves to mitigate financial disparities between spouses, so that neither is left at a significant economic disadvantage. However, spousal support is not automatic. It is awarded at the discretion of the court based on the specific facts of each case.

Virginia courts award spousal support when there is a demonstrable financial need by one spouse and an ability to pay by the other. The law provides for different types of support, namely: 

• Temporary support (also called “pendente lite” support) may be awarded during divorce to help a financially dependent spouse manage living expenses until a final order is issued. 

• Rehabilitative support is intended to help a spouse become economically self-sufficient, typically by allowing time and resources for education or training. This type of support may be appropriate where one spouse left the workforce or put a career on hold. 

• Permanent support may be awarded for longer marriages, particularly where age, health or longstanding lack of job experience prevents a spouse from achieving financial independence. This type of support is less common, as courts favor solutions that encourage self-sufficiency.

Support may be order to be paid in periodic payments for a defined or undefined duration, in a lump sum award or in any combination thereof.

Virginia law does not impose a formula for determining the amount or duration of spousal support. Instead, judges must balance certain factors, such as the following: 

• Length of the marriage 

• Significant disparities in earning capacity, education, job skills or employability 

• The spouse’s age, physical and mental health

• Contributions of each spouse to the marriage, such as one spouse having sacrificed career advancement or earning potential to carry on homemaking or child-rearing 

• The standard of living established during the marriage

Judges may also consider what actions by either spouse led to the divorce. The court will consider the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

Spousal support orders are not set in stone. They can be modified or terminated if either spouse experiences a material change in circumstances, such as job loss, retirement, disability or a substantial shift in income. Additionally, if the recipient spouse remarries or cohabits in a relationship analogous to marriage, support obligations may be terminated. 

Anyone seeking spousal support should gather comprehensive financial records, including employment history and be prepared to prove their contributions to the marriage, monetary and otherwise. Given the court’s broad discretion, it is advisable to consult with an experienced spousal support attorney, who can ensure that all relevant factors are presented and that your rights are protected.

Harding, Harding & Harding Attorneys at Law, PLC advises Virginia clients regarding the award of spousal support during a divorce. We are located in Virginia Beach, Chesapeake and Norfolk. For a free consultation, call 757-499-2600 or contact us online.