Spousal Support
Va. Code 20-107.1 — for a defined or undefined duration, with fault part of the weighing
A Virginia court may order spousal support in periodic payments for a defined or undefined duration, a lump sum, or a combination, even if a party did not prove grounds for divorce, so long as support was properly pled.
Fault counts. In deciding whether to award support, the court considers the circumstances and factors that contributed to the end of the marriage, specifically including adultery and the other divorce grounds the section names. It then weighs the duration of the marriage, tax consequences and the other factors in deciding the nature, amount and length.
The court may instead reserve a right to future support, presumed to last 50 percent of the time between the marriage and the separation. In a contested case the order states the factors that support it.
Sources for this section (1)
- Va. Code 20-107.1 — Court may decree as to maintenance and support of spouses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.