Spousal support, commonly known as alimony, is a financial payment made by one spouse to the other during or after divorce proceedings. In Virginia, spousal support aims to prevent financial hardship for the lower-earning spouse. While it is more common for women to receive support, gender does not determine eligibility. Virginia law allows either spouse to request financial support to ensure fair and equitable divorce settlements.

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  1. Determining Spousal Support
  2. The Fairfax Formula for Spousal Support Calculation
  3. Eligibility for Spousal Support
  4. Factors Influencing Spousal Support Awards
  5. Types of Spousal Support in Virginia
  6. Duration of Spousal Support Payments
  7. Legal Support for Spousal Support Cases

Determining Spousal Support

Unlike some states, Virginia does not have a fixed formula for calculating spousal support. Instead, the amount and duration of payments depend on various factors specific to each case. Some couples reach an agreement on their own, while others require court intervention. If you seek spousal support, the court will first determine whether you are eligible, then decide on the amount and duration of payments.

The Fairfax Formula for Spousal Support Calculation

Although Virginia does not have a mandatory formula for calculating spousal support, courts and attorneys frequently use the Fairfax Formula as a guideline in temporary support cases. The Fairfax Formula provides an estimated spousal support amount by considering both spouses’ gross incomes:

  • For cases without child support: Spousal support is generally calculated as 30% of the payor’s gross income minus 50% of the recipient’s gross income.
  • For cases with child support: The calculation adjusts to 28% of the payor’s gross income minus 58% of the recipient’s gross income.

While the Fairfax Formula is commonly referenced, it is not legally binding, and judges have discretion in determining final support amounts based on the specific circumstances of each case. Want to see what your spousal support award may be? Check out our Virginia spousal support calculator.

Eligibility for Spousal Support

Before awarding spousal support, the court examines whether any factors may disqualify you from receiving it. For example, if your wife files for divorce due to proven adultery on your part, you may be declared ineligible by the judge. Other forms of marital misconduct, such as cruelty or criminal behavior, may also impact your eligibility.

However, exceptions exist. The court may consider the overall circumstances of the marriage’s breakdown and the financial needs of both parties before making a decision. If denying support would result in an unjust outcome, spousal support may still be granted. The goal of the court is not to punish either spouse but to ensure financial fairness post-divorce.

If you meet the eligibility requirements, the court then evaluates several factors to determine the type, amount, and duration of your spousal support award.

Factors Influencing Spousal Support Awards

The primary purpose of spousal support is to help maintain a standard of living similar to what was experienced during the marriage. When determining support, the court considers numerous factors, including:

  • The financial obligations, needs, and resources of both spouses
  • Contributions to the other spouse’s education or career advancement
  • The age, physical, and mental condition of both spouses
  • Special needs or childcare responsibilities that affect employment opportunities
  • Each spouse’s earning capacity, education, training, and skills
  • Opportunities for acquiring education or job training to increase earning potential
  • The division of marital property
  • Tax consequences and other factors affecting financial fairness

After evaluating these and other factors, the court establishes the amount, frequency, and duration of spousal support payments.

Types of Spousal Support in Virginia

Virginia courts can award spousal support in three primary forms:

  1. Periodic payments for a defined duration – Payments are made at regular intervals (usually monthly) for a set period.
  2. Periodic payments for an undefined duration – Payments continue indefinitely, typically until the receiving spouse remarries, cohabitates, or one spouse passes away.
  3. Lump-sum payment – A single payment made at the time of divorce, with no future periodic payments required.

Periodic payments are the most common form of support and may be awarded temporarily or permanently, depending on the circumstances.

Duration of Spousal Support Payments

The length of time spousal support is awarded depends on the specific needs of the receiving spouse. There are two primary types of spousal support durations:

  • Temporary (rehabilitative) spousal support – Awarded for a limited time to help the recipient gain job skills, education, or training necessary for financial independence.
  • Permanent spousal support – Granted when the recipient is unable to achieve financial independence due to age, disability, or other significant factors. This support continues until death, remarriage, or proven cohabitation.

Prior to 1998, Virginia courts only awarded permanent spousal support. However, the law now allows for temporary awards based on the time needed for the recipient to become self-sufficient.

Men can qualify for spousal support in Virginia, just as women can. In addition to post-divorce spousal support, some individuals may also be eligible for Pendente Lite support, a temporary form of financial assistance awarded during the divorce process.

At The Firm For Men, we advocate for men’s financial interests in divorce cases. Our team understands the legal factors influencing spousal support awards and works to ensure that our clients are treated fairly—whether by preventing unjust payments or securing rightful support. We proudly serve clients throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, and Portsmouth and beyond.

For legal assistance with your spousal support case, call us at 757-383-9184 or contact us online to schedule a consultation.