Five things you need to know about spousal support in Virginia

  1. Who is Eligible for Spousal Support in Virginia: In Virginia, spousal support may be awarded to either spouse, but the court takes several factors laid out in Virginia Code 20-107.1 (E ) into account when determining whether and how much spousal support should be awarded to a party. These factors include the duration of the marriage, the financial needs and resources of each spouse, the standard of living established during the marriage, the age and health of each spouse, and the contributions made by each spouse to the marriage, both monetary (financially) or non-monetary (non-financial) contribution to the well-being of the family.
  2. You may be barred from spousal support: Virginia Code §20-107.1 states that no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision A (1) of § 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.
  3. What kind of spousal support can be awarded in Virginia: There are various types of spousal support awarded by Virginia courts which include the following:
    • Support in periodic payments for defined duration;
    • Support in periodic payments for undefined duration;
    • Lumpsum spousal support award; and,
    • Virginia Courts may also award any combination of the aforementioned types of spousal support.
  4. What is pendente lite spousal support or temporary spousal support: Pendente Lite support is ordered if one party needs support during the ongoing divorce litigation. Pendente lite support is intended to maintain the financial status quo until a final decision regarding spousal support is reached at the divorce trial, or parties come to a settlement regarding the terms of the divorce.
  5. What factors are considered in determining spousal support: When determining the amount and duration of spousal support in Virginia, the court considers various factors, including:
    • The income and earning capacity of each spouse
    • The property and assets of each spouse
    • The financial needs of each spouse
    • The standard of living established during the marriage
    • The duration of the marriage
    • Any contributions made by each spouse to the marriage, including homemaking and childcare responsibilities

Whether you are seeking or contesting spousal support in your Virginia divorce, it’s crucial to consult with an experienced and knowledgeable Virginia family law attorney who can provide guidance and advocacy tailored to your specific circumstances. At Khanna Law we regularly provide successful representation to clients in their Fairfax, Loudoun and Prince William spousal support, custody and divorce cases.

To schedule a consultation regarding your spousal support or divorce case, call our experienced Fairfax and Loudoun divorce & family law attorney at 703-570-4232 or email us at info@khannalaw.com.

About Khanna Law, PLLC:

Khanna Law is a full-service law firm located in Reston Virginia. We specialize in all aspects of divorce, custody, & family law, family & business based immigration law, as well as trust and estate law. We proudly serve clients throughout the Northern Virginia area including Fairfax, Loudoun, Arlington, and Prince William County.

At Khanna Law, your case is always our top priority.

We pride ourselves in not only zealously representing our clients inside and outside the courtroom, but also in providing them with a clear understanding of the legal rights and process they are undertaking. No matter the complexity of your case, you can trust us to provide you with the highest quality legal representation, innovative legal solutions, and a client focused approach to your case.

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