Alimony and Spousal Support in Virginia

The court may award spousal support as periodic payments for a defined or undefined duration, a lump sum, or a combination, or may reserve a spouse's right to future support (presumed to last 50% of the time from marriage to separation). Permanent support generally cannot be awarded to a spouse who committed adultery (or sodomy or buggery outside the marriage), unless denial would be a manifest injustice shown by clear and convincing evidence. The court considers factors including the parties' needs and resources, the marital standard of living, the length of the marriage, age and health, child-care needs, contributions to the family, property division, earning capacity, the time and cost of training, career decisions made during the marriage, contributions to the other's education or career, and the circumstances that led to the divorce.

Virginia uses equitable distribution. The court classifies property as separate, marital, or part separate and part marital. Separate property includes property acquired before the marriage; property acquired during the marriage by inheritance or gift from someone other than the spouse; and property acquired in exchange for separate property if kept separate. Marital property includes jointly titled property and other property acquired during the marriage before the last separation, which is presumed marital unless shown to be separate. The court divides marital property and debts after considering factors such as each spouse's monetary and nonmonetary contributions to the family and to the property, the length of the marriage, age and health, the circumstances that led to the divorce (including fault grounds), how and when property was acquired, debts, tax consequences, and wasteful spending of marital property.