Can I get alimony in Virginia

You’re standing in the kitchen of the house you once shared, sorting through a stack of bills and wondering how you’ll manage on just your income. Maybe you left the workforce years ago to raise children, or your spouse was the primary earner throughout the marriage. Divorce—or the prospect of one—has left you facing real financial uncertainty. The question that keeps circling in your mind is: Can I get alimony in Virginia? The short answer is that Virginia law allows for spousal support, commonly called alimony, under certain conditions. It is not automatic, but many spouses in need are able to secure support. Mr. Sris and his Of Counsel have helped individuals across the Commonwealth navigate the financial side of divorce for more than twenty‑five years. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Direct answer: how Virginia courts decide alimony

Virginia is not a community‑property state, so the division of marital assets does not automatically provide for a spouse’s ongoing needs. Instead, alimony is a separate remedy governed by Virginia Code § 20‑107.1. A court may award spousal support if it finds that one party has a financial need and the other party has the ability to pay. The statute lists specific factors the court must weigh, including the standard of living established during the marriage, the duration of the union, the age and physical and mental condition of each spouse, the contributions—monetary and non‑monetary—each made to the family, and the earning capacity and education of both parties. Fault can also be considered, though it is not always determinative. Because no two marriages are identical, the outcome of an alimony request depends heavily on the unique facts of the case.

Frequently Asked Questions

What is alimony in Virginia?

Alimony, referred to as “spousal support” in Virginia, is a court‑ordered payment from one spouse to the other during or after a divorce. Its purpose is to help a financially disadvantaged spouse maintain a standard of living similar to what existed during the marriage. Virginia law governs alimony under Va. Code § 20‑107.1, and a family law attorney can explain how the statutory factors apply to your circumstances.

What types of alimony are available in Virginia?

Virginia courts may award temporary (pendente lite) support while a divorce is pending, rehabilitative support for a defined period, or permanent support in limited, long‑term situations. Temporary support helps the lower‑earning spouse meet immediate needs during litigation. Rehabilitative support is designed to give a spouse time to obtain education or training. Permanent support is reserved for cases where a spouse cannot reasonably be expected to become self‑supporting due to age, health, or other significant barriers. The type of support depends on the facts of the marriage.

How does a judge calculate alimony in Virginia?

Judges in Virginia calculate alimony by applying the factors listed in Va. Code § 20‑107.1, focusing on the receiving spouse’s demonstrated need and the paying spouse’s ability to pay. There is no fixed formula or percentage that yields a precise number. The court examines evidence related to the lifestyle the couple shared, the length of the marriage, the contributions each party made, and the resources each will have after the divorce. An attorney can help present the financial picture clearly so the court can make a fair determination.

Does fault affect alimony in Virginia?

Fault, such as adultery or cruelty, can influence alimony in Virginia, but it is not the sole factor. Under Virginia law, a spouse who committed adultery, for example, may be barred from seeking support unless the other spouse waived the defense or the court finds that a denial of support would be manifestly unjust. Similarly, a spouse whose fault caused the breakdown of the marriage may receive less support than they would otherwise. However, the court still weighs all statutory factors, not merely fault. An experienced family‑law practitioner can help you understand how your specific situation might be viewed.

How long does alimony last in Virginia?

The duration of alimony in Virginia varies from a few months to permanent support, depending on the type of award and the circumstances. Temporary support ends when the divorce is finalized. Rehabilitative support lasts for a set term—often a year or two—to allow the recipient to gain skills or education. Permanent support continues until the recipient remarries, either party dies, or a court modifies the order based on a substantial change in circumstances. The length of the marriage is one of the most important factors in determining duration.

Can alimony be modified after a divorce?

In many cases, Virginia courts can modify alimony if a party shows a material change in circumstances that was not anticipated at the time of the original order. Common reasons for modification include a significant increase or decrease in either spouse’s income, involuntary job loss, a serious health issue, or the retirement of the paying spouse. Both parties must report the change to the court; an informal agreement to pay less is not legally binding. Because modification is fact‑sensitive, it is wise to consult a lawyer before seeking or resisting a change.

What happens if my ex‑spouse stops paying court‑ordered alimony?

If a former spouse fails to pay alimony as ordered, they may be held in contempt of court, and the receiving spouse can pursue enforcement through the Virginia courts. Enforcement remedies include wage garnishment, suspension of a professional or driver’s license, and—in extreme cases—jail time. The court may also require the non‑paying spouse to cover the other party’s attorney’s fees incurred in bringing the enforcement action. Prompt action is recommended, as waiting can make collection more difficult.

How is Virginia alimony different from alimony in other states?

Virginia’s approach is similar to many equitable‑distribution states, but it lacks a statutory formula and instead relies on the judge’s discretion after weighing a list of factors. Unlike some states that impose a strict percentage of income or a formula based on the length of the marriage, Virginia gives the judge broad discretion. This means that the same set of facts could lead to different outcomes in different courtrooms. Having local counsel who understands how Virginia judges typically exercise that discretion can be an advantage.

Do I need a lawyer to seek alimony in Virginia?

While you are not legally required to have a lawyer, representing yourself in an alimony dispute can put you at a significant disadvantage. Your spouse will likely have counsel who knows how to frame the financial narrative in the most favorable light. An attorney helps ensure the court has a complete and accurate picture of both parties’ finances, which is essential for a fair outcome. Mr. Sris and his Of Counsel handle alimony matters throughout Virginia and are available to discuss your case. Call (888) 437‑7747 to request a consultation.

How can I contact a Virginia alimony lawyer?

The easiest way to start is to call Law Offices Of SRIS, P.C. at (888) 437‑7747 and ask to speak with a family‑law team member. You can also visit srislawyer.com/contact‑us to send a message. Mr. Sris and his Of Counsel understand how stressful financial questions after divorce can be, and they take the time to listen before developing a plan. Phones are answered 24 hours a day, seven days a week; in‑person meetings are available by appointment.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia and four other jurisdictions since 1997. He is a former prosecutor who understands how Virginia courts operate and how to present a case effectively. Mr. Sris and his Of Counsel bring extensive combined legal experience to family‑law matters, including alimony disputes, equitable‑distribution trials, and support‑modification actions. Results may vary.

To discuss your alimony question, contact the firm by phone at (888) 437‑7747 or use the online submission form. Phones are answered 24 hours a day, and appointments are available by request.

Last reviewed: July 2026

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