Spousal Support Calculator
Use this calculator to estimate pendente lite (temporary) spousal support in Virginia if combined gross incomes DO NOT exceed $10,000 monthly. Pendente lite support may be awarded while a divorce or support case is pending.
This formula does not determine final spousal support. A final award is determined separately based on Virginia law and the circumstances of the marriage.
Looking for child support instead? Use our Virginia Child Support Calculator.
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Virginia Spousal Support FAQs
For qualifying temporary support cases, Virginia law provides a presumptive calculation based on the spouses’ gross monthly incomes and whether minor children are involved.
Final spousal support is different. A court considers the circumstances of the marriage and the statutory factors under Virginia Code § 20-107.1 rather than relying on one universal mathematical formula.
Our Virginia Spousal Support Calculator is designed to estimate temporary pendente lite support, not predict a final award.
The purpose is to address financial needs during the case, before the court reaches a final determination about spousal support.
A pendente lite support order does not necessarily establish how much support will be paid after the divorce is finalized.
For qualifying cases involving combined gross monthly income of $10,000 or less, Virginia’s presumptive pendente lite calculation uses the following percentages:
When minor children are involved:
26% of the payor’s gross monthly income minus 58% of the payee’s gross monthly income.
When minor children are not involved:
27% of the payor’s gross monthly income minus 50% of the payee’s gross monthly income.
The calculation may be subject to adjustments, and the court may deviate from the presumptive amount for good cause.
No. Virginia does not have one mandatory mathematical formula that determines every final spousal support award.
Under Virginia Code § 20-107.1, courts evaluate factors including the spouses’ financial resources, needs, earning capacities, standard of living during the marriage, duration of the marriage, and contributions to the family.
A final award may be higher or lower than the amount suggested by a temporary-support calculation. The court also determines the appropriate duration and form of support.
Temporary, or pendente lite, support is intended to address financial needs while a divorce or support case is pending.
Support awarded in a final divorce decree may take the form of periodic payments for a defined period, payments for an undefined period, a lump sum, or a combination of these arrangements.
An award for an undefined duration does not necessarily mean that payments can never be modified or terminated.
The statutory presumptive formula described above applies to qualifying cases in which the spouses’ combined gross monthly income does not exceed $10,000.
If combined gross monthly income is greater than $10,000, the court determines temporary support based on the applicable law and evidence rather than automatically applying that statutory presumption.
Our calculator should not be treated as a presumptive support determination for income above that threshold.
Yes. The presumptive pendente lite calculation uses different percentages depending on whether minor children are involved.
For qualifying cases involving minor children, the calculation uses 26% of the payor’s gross monthly income minus 58% of the payee’s gross monthly income. Without minor children, the corresponding percentages are 27% and 50%.
Child support and spousal support are separate legal obligations, and the circumstances of the case may affect how they interact.
Yes. A Virginia court may deviate from the presumptive pendente lite amount for good cause, including evidence that the parties’ current financial circumstances make the calculated amount inappropriate.
The result is an estimate, not a guarantee of what a judge will order.
Yes. Virginia spousal support is not limited to wives. Either spouse may request support, depending on financial circumstances and the applicable legal requirements.
A husband who earns less than his wife may qualify for temporary or final spousal support. The court considers the relevant evidence rather than awarding support based on gender.
There is no single duration that applies to every spousal support award.
Pendente lite support generally addresses the period while the case is pending. Final support may be ordered for a defined duration, an undefined duration, or in another form permitted by Virginia law.
The length of the marriage, financial circumstances, earning capacities, and other statutory factors can influence the duration of a final award.
In some circumstances, yes. Virginia Code § 20-109 addresses changes to spousal support, including modification or termination when legally sufficient circumstances exist.
A material change in circumstances, such as a significant change in employment or income, may support a request for modification. Retirement may also be relevant.
However, the terms of a property settlement agreement or court order can limit whether support is modifiable. A change in circumstances does not automatically change an existing obligation.
Remarriage can affect an existing spousal support obligation. Virginia law also addresses termination when a recipient habitually cohabits with another person in a relationship analogous to marriage for one year or more.
Cohabitation cases depend on evidence and applicable exceptions, including the parties’ agreements and whether termination would be unconscionable.
A paying spouse should not assume that dating, occasional overnight visits, or moving in with a partner automatically ends a support order.
A spouse’s employment, earning capacity, and financial resources may affect a spousal support determination.
If support has already been ordered, a substantial change in income or circumstances may provide grounds to seek modification, depending on the existing order and applicable law.
The fact that a former spouse obtains employment does not necessarily eliminate spousal support automatically.
Our calculator provides an estimate based on the income information entered and the temporary-support calculation it is designed to apply.
It cannot account for every legal issue, financial circumstance, possible court deviation, or factor involved in a final spousal support determination.
The result should be used as a preliminary estimate of pendente lite spousal support, not as a prediction of a final divorce award. For advice about your specific circumstances, consult a Virginia family law attorney.