Fairfax Spousal Support Lawyers | Protecting Your Financial Future

Facing Uncertainty: A Compassionate Guide to Spousal Support in Virginia

The thought of spousal support, often called alimony, can bring up a host of stressful questions: Will I be able to maintain my lifestyle? Will I be forced to pay indefinitely? How is this even calculated?

If you are facing a divorce in Fairfax, the financial uncertainty can feel overwhelming. Please know that seeking clarity and protection for your financial future is not selfish—it is necessary. You deserve an advocate who understands the emotional weight of this decision and who can provide the strategic legal counsel needed to secure your stability.

At Raheen Family Law, our Fairfax Spousal Support Lawyers are dedicated to providing that compassionate, yet fierce, representation. We help clients navigate the complexities of Virginia law, whether you are seeking support or defending against an unreasonable claim. Contact our experienced Fairfax spousal support attorney today!

Understanding Virginia’s Approach to Spousal Support

Virginia law does not use a simple formula for determining spousal support in the way it does for child support. Instead, the court considers a comprehensive list of factors to determine if support is appropriate, the amount, and the duration.

Key Factors the Court Considers

The court must weigh all relevant factors, including:

• The duration of the marriage.
• The ages and physical/mental condition of the parties.
• The circumstances and factors that contributed to the dissolution of the marriage (including fault grounds like adultery).
• The financial needs and resources of each party (including income, earning capacity, and other financial obligations).
• The standard of living established during the marriage.
• The extent to which one party contributed to the education or career of the other party.

Types of Spousal Support in Virginia

The court has the authority to award different types of support based on the specific circumstances of your case. Understanding these types is the first step in building your financial strategy.

Type of Support	Description	Purpose
Pendente Lite	Temporary support awarded while the divorce case is pending.	To maintain the financial status quo and ensure both parties can meet their immediate needs during the litigation process.
Rehabilitative	Support awarded for a fixed period, often to allow the receiving spouse to gain education or training.	To help the dependent spouse become self-supporting within a reasonable timeframe.
Definitive (Term-Limited)	Support awarded for a specific, non-modifiable period.	Used when the court determines a fixed period is appropriate based on the length of the marriage and other factors.
Indefinite	Support awarded with no set end date.	Typically reserved for long-term marriages where the dependent spouse is unlikely to become self-supporting due to age, health, or other factors.

The Alimony Calculator Virginia Search: What You Need to Know

Many people search for an “Alimony Calculator Virginia” hoping for a quick answer. While there are guidelines used in some jurisdictions for temporary support (pendente lite), Virginia does not have a statutory formula for permanent spousal support.

This is why experienced legal counsel is essential. We don’t rely on a simple calculator; we build a compelling case based on the specific factors of your life, ensuring the court sees the full picture of your needs and contributions.

Temporary (Pendente Lite) Spousal Support Explained

Under Virginia Code § 20-103 , courts can grant pendente lite spousal support while the case is ongoing. The party seeking support must file a motion with the court. Many spouses use a virginia spousal support guidelines worksheet to estimate what may be awarded. Temporary support helps cover day-to-day expenses until a final order is made.

Permanent vs. Rehabilitative Spousal Support

Virginia Code § 20-107.1 gives courts the authority to award post-divorce spousal support. The court can award rehabilitative support or permanent spousal support. Rehabilitative support is temporary and ends once the recipient spouse completes the duration set by the court. It is common in cases where one spouse left their job during the marriage to care for the parties’ minor children or the family. In these cases, the court may award spousal support for a period long enough to allow the recipient spouse to obtain appropriate education, job training, or other skills needed to re-enter the job market, gain employment, and become financially independent.

Alternatively, the court may award permanent spousal support, which lasts for an undefined duration. Permanent spousal support is more common in long marriages where one spouse may not be able to become fully self-supporting due to age, health, or interrupted career position.

How Virginia Courts Determine Temporary Spousal Support

Temporary spousal support is calculated using Virginia spousal support guidelines. Virginia Code § 16.1-278.17:1 sets the presumptive amount, but courts can deviate based on financial resources, tax consequences, or other circumstances. Judges also consider alimony payments and changes in taxable income under the TCJA of 2017.

Virginia Spousal Support Guidelines

Effective July 1, 2020, the temporary spousal support formulas in Virginia are as follows:

• Cases with minor children: 26% of the payor spouse’s gross monthly income minus 58% of the recipient spouse’s monthly gross income
• Cases with no minor children: 27% of the payor spouse’s gross monthly income minus 50% of the recipient spouse’s monthly gross income

Prior to July 1, 2020, the temporary spousal support guidelines were slightly higher:

• Cases with minor children: 28% of the payor spouse’s gross monthly income minus 58% of the recipient spouse’s monthly gross income
• Cases with no minor children: 30% of the payor spouse’s gross monthly income minus 50% of the recipient spouse’s monthly gross income

These changes were made to account for the Tax Cuts and Jobs Act (TCJA), and the presumptive amount under the new formula is lower than under the prior formula.

The guidelines apply when the parties’ combined monthly gross income does not exceed $10,000. If combined income exceeds $10,000, the court determines temporary spousal support based on the factors under Virginia Code § § 20-107.1

Cases With Minor Children vs. No Minor Children

Support for households with minor children considers both child needs and spousal support payments. Courts balance the payor spouse’s obligations with the requesting spouse’s need, the living established during the marriage, and any parenting arrangements in place.

When Courts Deviate From the Presumptive Guideline Amount

Judges may change the spousal support amount if they see special circumstances, differences in earning ability, or mental condition issues that affect the recipient spouse. Courts can also consider prior retirement plans, profit sharing, or marital property distribution in their determinations.

How Final Spousal Support Is Determined in Fairfax Courts

Under Virginia Code § 20-107.1 , courts evaluate factors outlined by law, including income, financial resources, age, health, and physical and mental condition. They also look at how each party has contributed to the dissolution of the marriage and whether one spouse has a career position or such earning capacity to support themselves.

Factors Under Virginia Code § 20-107.1

Other factors include:

• Duration of the marriage
• Non monetary contributions to the family
• Choices regarding decisions regarding employment career and employment career economics education
• Interruptions in job market participation

The court may also consider the well being of both parties and any education and parenting arrangements affecting financial stability.

Impact of Adultery and Fault on Spousal Support Eligibility

Even if a spouse committed adultery, the court can award support if denying it would be a manifest injustice. Judges use clear and convincing evidence and consider relative economic circumstances, one spouse’s income, and mental condition.

Lump-Sum Support, Retroactive Support, and Payment Options

Spousal support may be paid as periodic payments, lump sum payment, or a combination. Courts can also issue a lump sum award. Retroactive support may apply for temporary spousal support if none was previously ordered. These options consider the requesting spouse’s need and costs involved.

Reservation of Spousal Support Rights

Sometimes the court may, instead of issuing a direct spousal support award or in addition to a spousal support award, reserve the right for one or both spouses to seek spousal support or additional spousal support in the future. Under Virginia Code § 20-107.1, there is a rebuttable presumption that the reservation lasts for one half of the length of the marriage.

Reservation of spousal support does not guarantee that support will be awarded later. It simply gives a spouse the ability, within the time frame reserved, to file a request for spousal support based on a material change in circumstances that occurred since the entry of the order reserving support, which is typically the final order of divorce.

This ensures that both the party seeking support and the payor spouse have clarity about potential future obligations while respecting the court’s discretion.

Imputation of Income in Spousal Support Cases

Imputation of income occurs when the court assigns a certain level of income to a spouse who has the ability to earn but is not doing so. This can apply to both the payor spouse and the party seeking support. If a spouse refuses to work despite present employment opportunities, the court may impute income based on their earning capacity, career position, or or her earning ability.

For example, if a payor spouse voluntarily quits a job or takes a lower-paying position to reduce the spousal support payments, the court can impute their prior income. Similarly, if a recipient spouse has the skills, education, and experience to seek employment but chooses not to work, the court may assign a reasonable income to them. Experts may be called to testify about the career position, earning ability

Modification of Spousal Support (Changes After Divorce)

Effective July 1, 2018, the amount and duration of spousal support is generally modifiable unless the parties’ agreement entered into after that date states otherwise. For agreements made before July 1, 2018, the amount and duration of spousal support is not modifiable if the agreement is silent about modifiability.

The party seeking modification of the spousal support amount or duration must show that a material change in circumstances has occurred since the original order. Such changes can include differences in income, health, retirement age, retirement plans, profit sharing, or other life circumstances that affect the ability of one spouse to pay or the need of the recipient spouse.

Once a material change is established, the court considers the factors outlined under Virginia Code § 20-109 to determine whether the amount and duration of spousal support should be adjusted. The court may also review the factors used for the initial spousal support determination under Virginia Code § 20-107.1, including financial resources, earning capacity, and decisions regarding employment career or employment career economics education.

Modifications respect prior settlement agreements, permanent alimony, or other support and maintenance arrangements, ensuring the changes are fair to both the payor spouse and the recipient spouse.

Additional Factors Courts May Consider in Virginia Spousal Support Cases

Courts may review marital property, property interests, child support, and spousal support payments owed. They may also consider temporary support, special circumstances, or legal separation. Judges ensure support and maintenance is fair based on the requesting spouse’s needs and prior contributions.

Frequently Asked Questions (FAQs) About Alimony

Does adultery affect spousal support in Virginia?

Yes, it can. If a court finds that one party committed adultery, the court is generally prohibited from awarding spousal support to that party, unless denying support would constitute a manifest injustice. This is a powerful factor that requires skilled legal navigation.

Can spousal support orders be changed later?

Generally, yes. If there is a material change in circumstances (such as a significant change in income, retirement, or cohabitation of the receiving spouse), the court may modify the amount or duration of the support, provided the original order was not explicitly non-modifiable.

How long do I have to be married to get spousal support?

There is no minimum length of marriage required by statute. However, the duration of the marriage is one of the primary factors the court considers. In practice, longer marriages are more likely to result in an award of spousal support.

Protect Your Financial Future: Call Our Fairfax Spousal Support Lawyers Now!

The outcome of your spousal support case will have a lasting impact on your financial stability. Do not leave your future to chance. Our team at Raheen Family Law has a deep understanding of the complex financial and legal arguments required to achieve the best possible result for you.

Contact us today to schedule a consultation and protect your financial future.