Who Gets Spousal Support in a Virginia Divorce? Factors Judges Consider

Going through a divorce brings countless questions, and one of the most pressing concerns for many couples is spousal support. If you're wondering whether you'll receive or pay spousal support in your Virginia divorce, understanding how judges make these decisions can help you prepare for what lies ahead.

Unlike child support, which follows specific formulas, spousal support decisions involve significant judicial discretion. Virginia judges must weigh numerous factors outlined in state law to determine not only who receives support, but also how much and for how long.

Who Qualifies for Spousal Support in Virginia?

Not every divorce involves spousal support. Virginia law only awards spousal support when it's truly necessary, meaning the court must find that you have a demonstrated financial need and your spouse has the ability to pay.

You're more likely to receive spousal support if your situation involves:

• A long-term marriage where you've been financially dependent

• A significant income gap between you and your spouse

• A disability or health condition that affects your earning capacity

• Time spent out of the workforce caring for children or supporting your spouse's career

Here's something that surprises many people: Virginia doesn't require a minimum marriage length to qualify for spousal support. Whether you've been married two years or twenty, the duration is just one factor among many that judges consider.

When Spousal Support May Be Denied

Before diving into what judges consider, it's crucial to understand that certain circumstances can disqualify you from receiving spousal support entirely. The most significant bar to spousal support is adultery by the requesting spouse.

If you committed adultery during your marriage, Virginia law typically prevents you from receiving spousal support. However, this isn't an absolute rule. The court may still award support if denying it would create a "manifest injustice" based on the relative fault of both parties and your economic circumstances.

Other grounds for divorce, such as cruelty or abandonment, may also affect your eligibility for support, though adultery remains the most common disqualifier.

The Statutory Factors: What Judges Must Consider

Virginia Code § 20-107.1 requires judges to evaluate specific factors when making spousal support decisions. Understanding these factors can help you anticipate how a judge might view your case.

Financial Circumstances

Judges start by examining the complete financial picture of both spouses. This includes:

• Current income from all sources

• Assets and liabilities of each spouse

• Earning capacity and potential for future income

• Financial resources available to both parties

The court doesn't just look at what you're earning now: they consider what you could potentially earn given your education, skills, and work history.

Personal and Health Factors

Your age, physical condition, and mental health play important roles in spousal support decisions. If you have health issues that limit your ability to work or earn income, judges factor this into their analysis.

Similarly, if you're approaching retirement age, the court considers how this affects your ability to become self-supporting and your need for long-term financial security.

Standard of Living During Marriage

The lifestyle you maintained during your marriage significantly influences spousal support awards. If you lived in a large home, took expensive vacations, or enjoyed other luxuries, the court considers whether denying support would force you into a dramatically reduced standard of living.

This doesn't mean you're guaranteed to maintain exactly the same lifestyle, but it's a key factor in determining appropriate support amounts.

Career Sacrifices and Contributions

One of the most important factors involves the career and educational decisions you made during your marriage. Judges specifically consider:

• Time spent away from the workforce

• Career opportunities you may have sacrificed

• Your contribution to your spouse's education or career advancement

• Non-monetary contributions like homemaking and childcare

If you left your career to raise children or moved to support your spouse's job opportunities, these sacrifices weigh heavily in spousal support decisions.

Child-Related Considerations

When you have minor children, especially those with special needs, judges evaluate whether it's practical for you to work outside the home. If your children require significant care that would make full-time employment difficult or impossible, this strengthens your case for spousal support.

The court also considers how child custody arrangements might affect your ability to work and earn income.

Understanding Temporary vs. Permanent Support

Virginia distinguishes between temporary support during the divorce process and permanent support after the divorce is final.

Temporary Support (Pendente Lite)

For temporary support while your divorce is pending, Virginia provides specific formulas when your combined monthly gross income doesn't exceed $10,000:

• With minor children: 26% of the payor's income minus 58% of your income

• Without minor children: 27% of the payor's income minus 50% of your income

These formulas create a presumptive amount that courts must order unless they find "good cause" to deviate.

Permanent Support

Unlike temporary support, permanent spousal support has no mandatory formula. This gives judges broad discretion to craft awards based on the specific circumstances of your case. This discretion makes it challenging to predict exact outcomes, but understanding the factors above helps you gauge the likely direction of a judge's decision.

How Long Does Spousal Support Last?

The duration of spousal support varies significantly based on your specific circumstances. While Virginia doesn't mandate specific timeframes, a common guideline suggests support often lasts approximately 50% of the marriage's length. This is just a rule of thumb, not a binding requirement.

Factors affecting duration include:

• Length of your marriage

• Your age and health

• Time needed for education or training to become self-sufficient

• Likelihood of achieving financial independence

In some cases, particularly very long marriages or situations involving permanent disability, support might continue indefinitely.

Property Distribution's Impact

Don't overlook how property division affects spousal support decisions. If you receive a significant portion of marital assets, this might reduce your need for ongoing support. Conversely, if most assets go to your spouse, it might strengthen your case for higher or longer-lasting support.

Modification and Termination

Spousal support isn't necessarily permanent, but modification rules depend on when your agreement was created. Support obligations entered into before July 1, 2018, that don't explicitly state they're modifiable generally cannot be changed. Agreements after this date that specifically state support isn't modifiable also can't be altered.

For modifiable support, significant changes in circumstances: like job loss, disability, or substantial income changes: might warrant modifications.

Getting Professional Help

Spousal support decisions involve complex legal analysis and significant financial consequences. While understanding these factors helps you prepare, working with an experienced Virginia divorce attorney ensures you present the strongest possible case.

Every divorce is unique, and the interplay between these various factors creates outcomes that are difficult to predict without legal expertise. An attorney can help you gather necessary financial documentation, present evidence of your contributions and sacrifices, and advocate effectively for your financial future.

If you're facing a divorce in Virginia and have questions about spousal support, don't navigate this complex process alone. The decisions made now will affect your financial security for years to come, making professional guidance an investment in your future stability.