01
Document The Standard Of Living
The homes, the schools, the vacations, the routine. Factor two asks what life the marriage built, so show it.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Spousal Support / Final Spousal Support
Spousal Support · Virginia
The award that comes at the end of the case.
There is no calculator for final spousal support in Virginia. Thirteen statutory factors decide it, and the story of your marriage is most of them. Here is how the court sets the amount, how long it lasts, and what actually moves the number.
First call is a conversation, not a commitment. · By Corrie Sirkin, Esq.
The Short Answer
Here is the answer: final spousal support is the award decided at the end of your divorce, either in your settlement agreement or by the judge after trial. Virginia uses no formula for it. The court weighs thirteen statutory factors in Va. Code section 20-107.1 to decide whether to award support, how much, and for how long. It can be higher, lower, or zero compared with any temporary order.
How It Is Decided
Thirteen factors, no formula.
Final spousal support is the support, if any, that survives after the divorce is granted. Unlike the temporary stage, there is no guideline math here. The judge looks at thirteen factors the statute requires, including the length of the marriage, the standard of living you built, each spouse's income and earning capacity, the monetary and non-monetary contributions each of you made, and the reasons the marriage ended. No single factor decides the case. They are weighed together against your facts.
Most awards are not set by a judge at all. They are negotiated into a settlement agreement, where you and your spouse decide the amount and the term yourselves. When you cannot agree, the question goes to the judge at trial, and the outcome moves out of your hands.
How long it lasts.
Virginia support can run for a definite period, a defined duration tied to a goal like retraining, or an indefinite duration with no fixed end. The length tracks the length of the marriage, the supported spouse's path back to self-support, and the same statutory factors. Indefinite support is most common after long marriages where one spouse has been out of the workforce for years.
Why your record matters.
Because the decision is discretionary, the evidence you put in front of the court is the case. Years of unpaid work raising children, supporting a career, or running a household are part of factor seven, and they count. Walking in with a clear record of what each spouse contributed and what each can earn is how you shape a fair number.
No formulaFinal support is discretionary. The court weighs thirteen statutory factors, not a calculator.
The 13 factorsNeeds, standard of living, length of marriage, contributions, earning capacity, and more under § 20-107.1(E).
DurationDefinite period, defined duration, or indefinite, tied to the marriage and the path to self-support.
Can be deniedThe court may award no support at all, and some bars, like proven adultery, can block it.
What The Court Must Weigh
Virginia Code § 20-107.1(E) lists thirteen factors the court must consider in every final spousal support decision, from the standard of living during the marriage to each spouse's earning capacity and contributions. No single factor decides the case.
Source: Virginia Code § 20-107.1(E)
Corrie Sirkin, Esq.Family Law Attorney
Attorney Insight
A few honest words from Corrie.
"Your marriage was years of real life, and you deserve a number that reflects it. I will sit with you, hear the whole story, and make sure the court hears it too. You will not be reduced to a spreadsheet."
The number is built from evidence, not arithmetic, so build the record before you argue the amount. Clients who treat final support as a math problem are usually disappointed. The court is weighing a marriage, not running a spreadsheet. Document the standard of living, the career sacrifices, the contributions that never showed up on a paycheck, and a realistic picture of what each spouse can earn now. Whether you are paying or receiving, the side with the clearer, better-supported story tends to land the fairer result.
Questions Clients Ask
Plain answers about final support.
These are the questions we hear most about this part of spousal support. If yours is not here, we are glad to answer it on a first call.
Have a specific question?
Call 571.260.0999 or send us a message.
Is there a formula for final spousal support?
No. Final spousal support in Virginia is discretionary. The court applies the thirteen factors in Va. Code section 20-107.1 to decide whether to award support, how much, and for how long. The temporary formula does not apply at the final stage.
Can the court deny support entirely?
Yes. The court can decline to award any final spousal support. It can also be barred in some cases, such as proven adultery. Whether support is owed at all is part of what the thirteen factors decide.
How long does final support last?
It can be for a definite period, a defined duration tied to a goal, or indefinite. Duration depends on the length of the marriage, the supported spouse's ability to become self-supporting, and the other statutory factors.
Can we set support in our agreement?
Yes, and most people do. You and your spouse can negotiate the amount and term in a settlement agreement instead of leaving it to a judge. The agreement's wording also controls whether it can be changed later.
When You Are Ready
Want a final number that reflects your marriage?
Tell us about your marriage, your income, and what you need to land on your feet. We will work the factors and the evidence with you, in negotiation or at trial. Three offices across Northern Virginia, one phone number.