Temporary and final spousal support in Virginia
Virginia treats spousal support in two stages. While the divorce is pending, a statutory formula gives a presumptive amount of temporary support, called pendente lite support. After the divorce, the judge decides final support by weighing factors, with no formula. The calculator above applies the temporary formula only.
The pendente lite formula
Under Va. Code §20-103, the presumptive amount is the difference between a share of the payor spouse's monthly gross income and a share of the payee spouse's monthly gross income. Monthly gross income has the meaning it has in the child support statute, §20-108.2.
| Situation | Payor spouse | Payee spouse |
|---|---|---|
| Minor children in common | 26% | 58% |
| No minor children in common | 27% | 50% |
The formula applies only when the spouses' combined monthly gross income is $10,000 or less (§20-103(I)). The amount is presumed correct, but the court may depart from it for good cause, looking at current financial circumstances and the effect of any tax exemption or credit (§20-103(H)). When the court decides both temporary spousal support and child support, it sets spousal support first (§20-103(F)), and what is paid or received then counts in the child support calculation. A temporary order has no presumptive effect on the final decree (§20-103(J)).
Final spousal support
Final support is governed by Va. Code §20-107.1. There is no formula, no cap and no duration table. The court may order periodic payments for a defined or undefined period, a lump sum, or a combination. It may also reserve a party's right to support in the future. If it does, there is a rebuttable presumption that the reservation lasts for 50% of the time between the date of marriage and the date of separation, and that length cannot be modified once granted.
In deciding whether to award support, the court must consider the circumstances that contributed to the end of the marriage, specifically including adultery and the other fault grounds listed in the statute. Permanent support cannot be awarded against a spouse who has a ground for divorce under §20-91(A)(1), such as adultery, in that spouse's favor. In other words, a spouse whose adultery gives the other spouse that ground generally cannot obtain permanent support from the other spouse. The court may still award it if it finds by clear and convincing evidence that denying support would be a manifest injustice, based on the degrees of fault during the marriage and the spouses' economic circumstances.
In setting the nature, amount and duration, the court weighs factors such as:
- each spouse's obligations, needs and financial resources, including pensions;
- the standard of living during the marriage and how long the marriage lasted;
- age, physical and mental condition and special circumstances;
- whether a child's needs make it unreasonable for a spouse to work;
- monetary and non-monetary contributions, and property interests;
- earning capacity, skills, and the time and cost of getting training;
- decisions during the marriage that affected earning potential, including time out of the job market;
- contributions to the other spouse's education or career, and tax consequences.
In a contested circuit court case, the judge must make written findings on these factors, say whether retirement was contemplated, and give the basis for any defined duration. Spousal support orders can later be modified under §20-109.
For the children's side, see the Virginia child support calculator.