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Separation / Spousal Support
Spousal Support · Virginia Separation
Spousal support, settled in writing before you file.
In a separation agreement, you and your spouse set the spousal support yourselves: how much, for how long, whether it can change, and what ends it. Spell it out in plain terms now and you avoid a fight later.
The first call is a conversation, not a commitment.
The Short Answer
Spousal support in a separation agreement is the amount one spouse agrees to pay the other, set by the two of you instead of by a judge. You decide the amount, how long it lasts, whether it can be changed later, and what events end it, such as remarriage or death. Once you both sign, those terms become a binding contract under Virginia law.
How It Works
Four decisions, all of them yours to make.
When a judge sets spousal support, the law gives that judge a list of factors to weigh and a wide range of possible outcomes. When you settle support in a separation agreement, you take that decision back. You and your spouse work out terms that fit your real numbers, write them down, and sign. The court can then fold the agreement into your final divorce.
Four questions decide almost everything about a support term. Get all four right and the term holds up. Leave one vague and it becomes the thing you argue about two years from now.
Amount
This is the dollar figure, usually paid monthly. There is no fixed formula for spousal support in Virginia the way there is for child support, so the number comes from need on one side and ability to pay on the other. We help you build the number from real figures: income, reasonable expenses, the standard of living during the marriage, and the length of the marriage.
Duration
Support can run for a set number of years, until a specific event, or for an open-ended period. A common choice is term support tied to the length of the marriage. The right answer depends on why support is being paid, whether it is helping a spouse get back on their feet or replacing income over a long marriage.
Can it change later
You decide whether the amount can be modified if life changes. You can make support modifiable, so either side can ask a court to adjust it after a material change in circumstances, or non-modifiable, so the number is locked no matter what happens. Each choice carries a real trade-off, and it is one of the most important calls in the whole agreement.
What ends it
Spell out the events that stop support. Under Virginia law, periodic support generally ends when either spouse dies or when the spouse receiving it remarries, and it can end if that spouse lives with someone in a relationship like marriage for a year or more. You can also write in your own end date or end events. Putting these in plain words now prevents a costly dispute later.
AmountSet by need and ability to pay, not by a fixed formula. Built from real income and expenses.
DurationA set term, an open-ended period, or support tied to an event. Often linked to the length of the marriage.
Modifiable?Your choice. Modifiable support can be revisited after a real change. Non-modifiable support is locked.
TerminationDeath, remarriage, and cohabitation are common end points, plus any date or event you write in.
The Governing Law
Virginia spousal support is governed by Va. Code § 20-107.1, and the rules on modification and termination sit in § 20-109. An agreement can set terms a court would not order on its own, including making support non-modifiable.
Source: Va. Code § 20-107.1 and § 20-109. Confirm the current statute and how it applies to your facts before you sign.
The Four Levers
What we pin down in the agreement.
Every spousal support term comes down to these four pieces. We make sure each one is written clearly, with no room left for a later argument.
01
The Amount
The monthly figure, built from income, reasonable expenses, the marital standard of living, and the length of the marriage.
02
The Duration
How long support runs. A fixed term, an open-ended period, or support tied to a milestone like a child finishing school.
03
Modifiable or Locked
Whether either side can ask a court to change the amount later, or whether the number is fixed for good. A real trade-off either way.
04
Termination Events
The events that end support: death, remarriage, cohabitation, a set date, or any other event you both agree to.
Worth Knowing
What makes a support term hold up, or fall apart.
+ Holds up
A support term is solid when
- The amount is built from documented income and expenses
- Duration is stated as a clear date or a defined event
- The agreement says plainly whether it can be modified
- Termination events are listed in full, with no gaps
- Both sides understood the terms before signing
− Causes trouble
A support term causes fights when
- The number was guessed at instead of calculated
- Duration is vague or left open by accident
- The agreement is silent on whether it can change
- Remarriage or cohabitation is never addressed
- One side felt rushed or pressured into signing
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
An honest word about support terms.
"The amount gets all the attention. The part people regret is the modification clause, because that is the one that decides whether you are stuck with this number for good."
Couples come in focused on the dollar figure, and that matters. But the choice that echoes the longest is whether support can be changed later. Lock the number in, and a job loss three years out will not move it. Leave it open, and the other side can come back to court when their income drops. Neither answer is right for everyone. It depends on why support is being paid and how steady each person's income really is.
My job is to make sure you understand that trade-off before you sign, not after. We write the term so it says exactly what you mean, and we make sure the end points, remarriage, death, and cohabitation, are all spelled out. A clear clause now is worth far more than a cheaper agreement that sends you back to court.
Questions People Ask
Plain answers about support in a separation.
These are the questions we hear most about spousal support in a separation agreement. If yours is not here, we are happy to answer it directly.
Need to talk it through?
Call 571.260.0999 or send us a message.
How is spousal support decided in a separation agreement?
You and your spouse decide it, instead of a judge. There is no fixed formula for spousal support in Virginia, so the amount comes from one spouse's need and the other's ability to pay, weighed against the standard of living during the marriage and the length of the marriage. We help you build the figure from real income and expenses so the number can stand up to scrutiny and feels fair to both sides.
Can spousal support be made non-modifiable?
Yes. One advantage of settling support by agreement is that you can make it non-modifiable, which means the amount is locked and neither side can ask a court to change it later. A court setting support on its own generally cannot do that. Locking the number gives certainty, but it cuts both ways: the payer cannot ask for a reduction after a job loss, and the recipient cannot ask for more if costs rise. We make sure you understand that trade-off before you choose.
Does spousal support end if my former spouse remarries?
Usually, yes. Under Virginia law, periodic spousal support generally ends when the spouse receiving it remarries, and it ends when either spouse dies. Support can also end if the recipient lives with someone in a relationship like marriage for a year or more. Your agreement should state these end points plainly so there is no confusion later about when payments stop.
How long does spousal support last?
As long as your agreement says. Support can run for a set number of years, until a specific event, or for an open-ended period. Shorter, defined terms are common when support is meant to help a spouse get back on their feet. Longer or open-ended support is more common after a long marriage. The right length depends on your situation, and we help you match the duration to the reason support is being paid.
When You Are Ready
Get the support term right the first time.
Tell us about your situation and we will help you build a spousal support term that fits your real numbers and holds up over time. Three offices across Northern Virginia, one phone number.