Pendente Lite Support
Temporary support while your divorce is pending. We file or respond to the motion and run the presumptive guideline formula correctly.
During the CaseMonday - Friday9AM - 5PM
OfficesFairfax | Manassas | Fredericksbug
Spousal Support · Alimony · Virginia
Spousal support is rarely simple.
We make the math clear, the factors fair, and the strategy yours.
Virginia spousal support has two stages: a temporary formula during your divorce, and a final award based on 13 statutory factors after. We help you understand the difference, protect what you need, and avoid surprises on either side.
First call is a conversation, not a commitment.
The Thing Most People Get Wrong
There is no calculator for final spousal support in Virginia. Thirteen factors decide it, and your story is most of them.
§ 20-107.1
The Virginia spousal
support statute
support statute
Sets the factors
13
Statutory factors the
court must consider
court must consider
For final spousal support
1/1/2019
Tax treatment dividing
line after the TCJA
line after the TCJA
Federal law change
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
How a Virginia Spousal Support Case Unfolds
Every case has two stages, each with different rules.
Temporary support during the case follows a guideline formula. Final support after the divorce does not. Knowing what is being decided at each stage is how you avoid being surprised at either end.
Stage 01
Temporary Support
Pendente lite
Support paid while your divorce is still pending.
WhenFrom the time it is requested until the final order is entered. It keeps both households running during the case.
How it's setA presumptive guideline formula based on the parties' gross monthly incomes and whether there are minor children.
StandardFormula-driven and presumptive. The court can deviate, but starts from the calculated number.
What it predictsNot much. The final award is decided separately under the 13 factors and can be higher, lower, or zero.
Stage 02
Final Support
After the final order
Support after the divorce is granted, if it is awarded at all.
WhenAt the final divorce order, by agreement or after trial. May be ordered or denied.
How it's setNo formula. The court applies 13 statutory factors in Va. Code § 20-107.1 to decide whether to award support, how much, and for how long.
DurationDefinite, defined period, or indefinite. Tied to the length of marriage, earning capacity, and the path back to self-support.
The realityDiscretionary and fact-intensive. The story behind your marriage matters as much as the numbers.
What the Court Actually Looks At
The 13 statutory factors, in plain English.
Virginia Code § 20-107.1 lists 13 factors that the court must weigh in every final spousal support decision. No factor decides the case on its own. They are weighed together against the facts of your marriage.
01
Needs & Resources
The obligations, needs, and financial resources of each party.
02
Standard of Living
The standard of living established during the marriage.
03
Length of Marriage
The duration of the marriage, often a heavy factor on its own.
04
Age & Health
The age and physical or mental condition of each party.
05
Family Circumstances
Special circumstances of the family that bear on either party's situation.
06
Children at Home
Whether the age, health, or special needs of a child make it appropriate for a parent not to seek outside work.
07
Contributions
The monetary and non-monetary contributions of each spouse to the well-being of the family.
08
Property Interests
The property interests of the parties, both real and personal, tangible and intangible.
09
Marital Property
How the marital property was divided under Va. Code § 20-107.3.
10
Earning Capacity
The skills, education, training, and current job opportunities of each party.
11
Education & Training
The time and cost for a party to gain the skills needed to improve earning ability.
12
Career Decisions
Career, education, and parenting decisions during the marriage and their effect on present and future earning potential, including time out of the workforce.
13
Tax & Other Factors
Tax consequences and the circumstances that contributed to the divorce, including any fault grounds.
Source: Virginia Code § 20-107.1(E)
What We Handle
Every part of a Virginia spousal support case.
From the first pendente lite motion to a years-later modification, here is the work we take on, grouped to make it easier to find what fits.
01 /
Setting the award.
Final Spousal Support
The award decided at your final hearing or in your settlement agreement, after the court works the 13 statutory factors.
After the DivorceLump Sum Awards
One-time payment instead of monthly support. Often used in shorter marriages or when a clean break makes more sense than ongoing ties.
One-Time PaymentDefined Duration
Support for a fixed period of months or years. Common when a spouse needs time to retrain, return to work, or rebuild earning capacity.
Fixed TermIndefinite Duration
Support without a fixed end date. Most common after long marriages where a spouse has been out of the workforce for years.
No Set EndSeparate Maintenance
An option for married spouses living apart who do not want to divorce. Four elements apply: payor at fault, you without fault, separated, still married.
Without Divorce
02 /
Changes, bars, and surprises.
Modification
Court-ordered support can be modified on a material change in circumstances under Va. Code § 20-109(B). Agreements may or may not be modifiable, depending on their terms and date.
Material ChangeTermination
Support generally ends on the death of either party, the remarriage of the supported spouse, or proof of cohabitation for one year or more.
When It EndsThe Adultery Bar
Proven adultery generally bars receiving spousal support, with a narrow manifest injustice exception. The proof standard is high.
Fault GroundImputed Income
Either party can have income imputed when voluntarily under-employed or unemployed. The party making the argument carries the burden.
Earning CapacityRetirement & Income Drops
Reaching full retirement age or a genuine, involuntary income drop can both support a modification. Voluntary retirement to lower support usually cannot.
Life ChangesPayment Methods
Lump sum, periodic payments by check or transfer app, or income deduction directly from payroll. We help pick what actually arrives reliably.
How It Gets PaidTwo Things That Change Everything
The adultery bar and the 2019 tax line.
Both can quietly reshape what spousal support looks like. People miss them constantly, and the cost of missing them is real.
− Bar to Receiving
Proven adultery generally blocks spousal support.
Under Virginia law, a spouse who committed adultery is usually barred from receiving spousal support. The court can still award support in cases of manifest injustice, weighing both parties' economic circumstances and their respective degrees of fault.
The catch: Virginia requires clear and convincing evidence of adultery, which is a high bar. Suspicion is not enough. We help you understand whether the proof actually exists and what to do with it if it does.
Va. Code § 20-107.1(B)
+ Federal Tax Treatment
January 1, 2019 split spousal support tax law in two.
Spousal support awarded on or after January 1, 2019 is not taxable to the recipient and not deductible by the payor. Awards from before that date keep the old rules, taxable to the recipient and deductible to the payor.
Why it matters: the after-tax value of an award depends entirely on which side of that line you are on. Modifications to older awards can also shift the tax treatment, sometimes in surprising ways.
Federal TCJA, 2017
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
A few honest things about spousal support cases.
"Pendente lite is a number. Final support is your whole marriage in evidence. They are not the same case."
-
1
Do not anchor on the temporary number
Pendente lite is a formula. The final award is a 13-factor case. Clients who walk in convinced the temporary number is permanent are sometimes pleasantly surprised, and sometimes painfully surprised. Treat them as two separate decisions.
-
2
Your contributions count, even the unpaid ones
Factor seven asks about both monetary and non-monetary contributions. Years of unpaid work raising children, supporting a career, running a household, or caring for parents are part of the calculation. We help you put a record around that.
-
3
If the agreement is silent on modification, read it twice
Whether a support agreement can be modified later turns on its exact language and its date. Agreements before July 1, 2018 follow one rule; agreements after follow another. The wrong assumption here is the kind of mistake people live with for years.
Why Families Trust Us
Built on experience, expertise, and a real track record.
Spousal support touches every other piece of the divorce. Here is what we bring to your case.
Experience
50+
Years Combined
Decades of Virginia spousal support work across the Northern Virginia courts.
Expertise
100%
Family Law Focus
We work the 13 factors every week. The statute, the local judges, and the negotiating leverage on both sides.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Trust
5★
Verified Reviews
Real reviews from real Virginia clients we have stood beside in court.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
In Their Own Words
Reviews from clients we have stood beside.
Read what families across Northern Virginia have shared about working with our attorneys.
Questions Clients Actually Ask
Plain answers about Virginia spousal support.
These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
How is spousal support calculated in Virginia?
Virginia spousal support has two stages with different rules. During the divorce, temporary support (called pendente lite) is set using a presumptive formula based on the parties' gross monthly incomes and whether there are children. For final support after the divorce, there is no formula. The court considers 13 statutory factors in Va. Code § 20-107.1, including length of the marriage, standard of living, each party's income and earning capacity, contributions to the family, and the reasons for the divorce. Final spousal support is discretionary.
What is pendente lite spousal support?
Pendente lite spousal support is temporary support paid during the divorce case, before the final order is entered. It is calculated using a presumptive guideline formula based on the parties' gross monthly incomes and whether there are minor children. Pendente lite support is meant to keep both parties afloat during the case. It does not predict the final award, which is decided separately under the 13 factors in Va. Code § 20-107.1.
Does adultery affect spousal support in Virginia?
Yes. Under Virginia law, proven adultery generally bars the adulterous spouse from receiving spousal support. The court can still award support in cases of manifest injustice, weighing the economic circumstances of both parties and their respective degrees of fault. Proving adultery requires a high evidentiary standard in Virginia, so it is not enough to suspect it. It must be proven by clear and convincing evidence.
Can spousal support be modified in Virginia?
It depends on how the support was established. Court-ordered spousal support can be modified when there has been a material change in circumstances since the order was entered, under Va. Code § 20-109(B). The change generally must be involuntary. For spousal support set by agreement, the agreement itself controls. Agreements entered before July 1, 2018 are not modifiable unless the agreement says so; agreements entered after July 1, 2018 are not modifiable if the agreement is specific about non-modifiability.
How long does spousal support last in Virginia?
Virginia spousal support can be ordered for a definite period, a defined duration, or indefinite duration. The duration depends on the length of the marriage, the supported spouse's ability to become self-supporting, and the other statutory factors. Indefinite support is most common in long marriages where one spouse has been out of the workforce. All spousal support generally ends on the death of either party, the remarriage of the supported spouse, or proof of cohabitation in a relationship analogous to marriage for one year or more.
When You Are Ready
Your case has a number. Let's find the right one.
Tell us about your marriage, your income, and what you need to land on your feet. We will work the math and the factors with you. Three offices across Northern Virginia, one phone number.