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Know The Ending Events
Death, remarriage, and a year of marriage-like cohabitation end most awards. Understand all three.
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Spousal Support / Indefinite Duration
Spousal Support · Virginia
Support with no fixed end date.
After a long marriage, the law does not always set a clock on support. Indefinite-duration support has no preset end. Here is what that really means, when Virginia courts order it, and the events that still bring it to a close.
First call is a conversation, not a commitment. · By Alisa Chunephisal, Esq.
The Short Answer
Here is the answer: indefinite-duration spousal support is support with no preset end date. It continues until something changes it, such as a court modification, the death of either spouse, the supported spouse's remarriage, or proven cohabitation in a marriage-like relationship for a year or more. Virginia courts most often order it after long marriages where one spouse has been out of the workforce for years.
What It Is
Open-ended, not permanent.
Indefinite support is exactly what it sounds like: an award with no fixed stopping point written into the order. This is the part people get wrong. Indefinite does not mean permanent, and it does not mean forever. It means the order does not name an end date, so the support stays in place until a specific event or a court ruling changes it.
When a court orders it.
Indefinite support is most common after long marriages, especially when one spouse stepped back from a career to raise children or support the other's work and now faces a large gap in earning power. Age and health matter too. When the realistic path back to full self-support is narrow or closed, a court is more likely to leave the end date open rather than guess at a term. The decision still runs through the thirteen factors in Va. Code section 20-107.1.
How it ends or changes.
An open end date does not mean the award is frozen. Indefinite support is the most modifiable of the three durations, not the most permanent. Under Va. Code section 20-109, court-ordered support can be modified on a material change in circumstances, such as retirement or a real income drop. It also generally ends on the death of either spouse, on the supported spouse's remarriage, or on proof of cohabitation in a relationship like marriage for one year or more.
What it means for planning.
For the person receiving it, indefinite support is security, but it is not a guarantee against change. For the person paying it, it is an obligation with real exits and real grounds to revisit it later. Both sides should understand the events that move it, because those events, not a date on the order, are what bring it to a close.
No preset endThe order names no end date. Support continues until an event or a court changes it.
Long marriagesMost common when one spouse spent years out of the workforce and faces a lasting earning gap.
Still modifiableCourt ordered support can change on a material change in circumstances under § 20-109.
Ends on eventsDeath of either spouse, the recipient's remarriage, or proven cohabitation for a year or more.
Open Ended, Not Untouchable
Virginia Code § 20-109 keeps indefinite awards reviewable. They can be modified on a material change in circumstances and they end on remarriage or proven cohabitation in a relationship analogous to marriage for one year or more.
Source: Virginia Code § 20-109
Alisa Chunephisal, Esq.Family Law Attorney
Attorney Insight
A few honest words from Alisa.
"If you spent decades caring for a family instead of a career, those years were not invisible. They count, and I will make sure they are counted. Your future deserves the same care you gave everyone else."
Indefinite is the most reviewable award there is, so know the events and grounds that change it before you sign. I tell clients on both sides the same thing: an open end date is not the end of the story. If you receive indefinite support, plan as if a modification could come someday, because retirement and income changes are real grounds. If you pay it, know that remarriage, a year of cohabitation, and material changes in income are your openings to ask the court to revisit the number. The order is a starting point, not a final word.
Questions Clients Ask
Plain answers about open-ended 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.
What does indefinite support mean?
It means the award has no fixed end date written into the order. The support continues until a court changes it or a specific ending event occurs, such as death, remarriage, or proven cohabitation for a year or more.
Is indefinite support permanent?
No. Indefinite does not mean forever. It has no preset end date, but it remains modifiable and ends on certain events. It is actually the most reviewable of the three duration types.
When is it ordered?
Most often after long marriages where one spouse has been out of the workforce for years and faces a large earning gap. Age and health also weigh in. The court still applies the thirteen statutory factors.
How does it end?
Generally on the death of either spouse, the supported spouse's remarriage, or proof of cohabitation in a marriage-like relationship for one year or more. It can also be modified on a material change in circumstances.
When You Are Ready
Facing support after a long marriage?
Tell us about the years you gave the marriage, the income on both sides, and where you stand now. We will work the factors and protect what you need. Three offices across Northern Virginia, one phone number.