Spousal Support in Fairfax County, VA

Fairfax County Family Law · Spousal Support

Spousal Support in Fairfax County, Virginia: What It Is and How It Works

Of all the financial pieces of a Virginia divorce, spousal support is the least predictable. There is no statewide formula for the final amount, and two judges can look at the same family and reach different numbers. So let me walk you through how it actually works in Fairfax County, in plain language, so you know what to expect.

By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals

This article is one part of our larger guide. For the full picture, start with our cornerstone, Family Law in Fairfax County. Here, I will focus on spousal support alone.

What spousal support actually is

Spousal support, sometimes called alimony or maintenance, is money one spouse pays the other after a separation or divorce. The point is not to punish anyone. It is to soften the financial gap when one spouse earns much more than the other, or when one spouse steps back from a career to raise children or support the family. The longer the marriage and the bigger the income gap, the more likely support becomes part of the case.

The two questions a Fairfax judge has to answer

Every spousal support case in Virginia comes down to two questions, in this order:

Is support appropriate at all? The judge looks at need on one side and ability to pay on the other.
If yes, how much and for how long? The judge weighs a list of factors set in the Code of Virginia.

The factors include the length of the marriage, the standard of living during the marriage, each spouse’s income and earning capacity, contributions each spouse made to the family (financial and otherwise), the age and health of each spouse, and the reasons for the breakdown of the marriage. (Va. Code § 20-107.1)

A Word About Fault

In Virginia, fault can affect spousal support. Proven adultery, for example, can bar a spouse from receiving support in many cases, though there are exceptions a court can apply. Cruelty, desertion, and other fault grounds can also affect the analysis. This is one area where the facts of how a marriage ended can change the financial outcome.

Three kinds of spousal support, three different jobs

Virginia courts can award support in three forms, and they do different things:

Pendente lite support is temporary support paid while the case is pending, to keep both households running until a final decision.
Defined-duration support is paid for a set number of months or years, often to give a spouse time to retrain or re-enter the workforce.
Permanent (indefinite) support is paid until a triggering event such as death, remarriage, or cohabitation in a relationship analogous to marriage. It usually comes up in longer marriages with significant income gaps.

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How the amount is set, in practice

Unlike child support, Virginia has no statewide formula for setting the final spousal support amount. There is a guideline used for temporary pendente lite support, but final support is set by the judge weighing the statutory factors against the specific facts of the marriage.

In practice, two things drive most outcomes. The first is the gap between the spouses’ incomes and earning capacities. The second is the length of the marriage. A long marriage with a large income gap usually results in meaningful support. A short marriage with similar incomes often produces little or none. For the full walk-through of how support is calculated and modified, see our spousal support practice area page.

When support ends or changes

Spousal support is not always permanent, even when ordered. It typically ends or can be modified when:

Either spouse dies.
The receiving spouse remarries.
The receiving spouse cohabits with another person in a relationship analogous to marriage for one year or more, unless the parties agreed otherwise.
There has been a material change in circumstances since the order, and the change supports a modification.

Retirement, a real income drop, a serious illness, or a major change in either spouse’s situation can all justify a request for a modification. Like child support, Virginia does not adjust spousal support retroactively. If your circumstances change, file as soon as you can.

“Spousal support is where I see the widest gap between what people expect and what actually happens. Run the real numbers early, and you negotiate from facts instead of fear.”

Alisa Chunephisal, Esq. · Founding Partner

Alisa’s Practical Advice

In my experience, three habits protect Fairfax clients on both sides of a spousal support case. First, build a real budget before any negotiation, because numbers on paper change the entire conversation. Second, save every pay stub, bonus statement, and tax return, since support is based on documented income, not on what people remember earning. Third, get clear on how you want support to end before you sign, whether that is a fixed date, a triggering event, or both.

Vague support language causes more post-divorce litigation than almost anything else.

A note on taxes

For divorces or separation agreements executed after December 31, 2018, spousal support is generally not deductible by the payor and not taxable to the recipient under federal law. This was a meaningful change from how alimony used to work, and it affects how settlements are structured. Older orders may still follow the prior rules. A Fairfax case has to be set up with the current tax treatment in mind, especially when support is being weighed against other financial decisions.

Authoritative References

Sources

Code of Virginia, § 20-107.1. Spousal support and maintenance, including the statutory factors a court must consider. law.lis.virginia.gov/vacode/title20
Code of Virginia, § 16.1-278.17:1. Pendente lite spousal support guidelines for use in J&DR proceedings. law.lis.virginia.gov/vacode/title16.1
Tax Cuts and Jobs Act of 2017. Changed federal tax treatment of alimony for divorce and separation agreements executed after December 31, 2018. irs.gov
Fairfax County Circuit Court. Hears divorce and spousal support determinations for Fairfax County residents. fairfaxcounty.gov/circuit

Frequently Asked Questions

How is spousal support calculated in Fairfax County, Virginia?

Virginia has no statewide formula for the final spousal support amount. A guideline exists for temporary pendente lite support paid during the case, but final support is set by the judge weighing the statutory factors against the facts of the marriage. The biggest drivers are usually the gap between the spouses’ incomes and earning capacities, and the length of the marriage. Fairfax judges follow the same Virginia law as judges anywhere else in the Commonwealth.

How long does spousal support last in Virginia?

It depends on the kind of support and the marriage. Pendente lite support lasts only while the case is pending. Defined-duration support lasts for a set number of months or years. Permanent or indefinite support typically continues until the receiving spouse dies, remarries, or cohabits in a relationship analogous to marriage for one year or more, unless the parties agreed otherwise. Longer marriages with significant income gaps are more likely to produce longer awards.

Does adultery affect spousal support in Virginia?

Yes. In Virginia, proven adultery can bar a spouse from receiving spousal support in many cases, though the court can apply exceptions, including a manifest injustice exception, depending on the facts. Other fault grounds such as cruelty or desertion can also affect the spousal support analysis. Fault is one of the areas where how a marriage ended can change the financial outcome of the divorce.

Can spousal support be modified later?

Often, yes. Spousal support can be modified when there has been a material change in circumstances since the order, such as a real income drop, retirement, serious illness, or another meaningful change in either spouse’s situation. The receiving spouse’s remarriage, or cohabitation for one year or more in a relationship analogous to marriage, can also terminate support. Virginia does not adjust spousal support retroactively, so filing promptly matters.

Is spousal support taxable in Virginia?

For divorces or separation agreements executed after December 31, 2018, spousal support is generally not deductible by the payor and not taxable to the recipient under federal law. Older orders may still follow the prior rules, when alimony was deductible by the payor and taxable to the recipient. Virginia generally follows federal tax treatment, but anyone with a complex situation should confirm with a tax professional.

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