Who Is Eligible for Alimony in Virginia?

Virginia law awards spousal support only when it’s necessary, not as a default in every divorce. Courts most commonly order it in long-term marriages, marriages with a significant income gap, and situations where a spouse has a disability or is unemployed. Whether you’re seeking support or contesting it, our alimony attorneys in Virginia Beach represent clients on both sides of these disputes.

The court also weighs the circumstances that contributed to the divorce. If the divorce is based on adultery, the spouse who committed adultery is generally barred from receiving support under Virginia Code Section 20-107.1, unless denying support would constitute a manifest injustice given the parties’ relative fault and economic circumstances.

Factors That Determine Alimony Amounts & Duration

The amount and duration of spousal support depend on a number of factors, including:

• The incomes and financial needs of both parties;
• The age and mental and physical conditions of the parties;
• The standard of living established during the marriage;
• The length of the marriage;
• The contribution of one spouse to the education, training, or increased earning power of the other;
• The extent to which the age, condition, or special circumstances of a child of the marriage would require one spouse to remain home; and
• The property interests of the parties.

If circumstances change substantially after a support order is entered, either spouse can petition for a modification of the amount or duration.

How Spousal Support Is Paid

Spousal support can be paid as a lump sum, as periodic payments (typically monthly), or as a combination of both. Payments run either for a defined number of years or for an unspecified duration. Indefinite support ends automatically on the death of either party, the recipient’s remarriage, or the recipient’s cohabitation in a relationship analogous to marriage.

Working with an Alimony Attorney in Virginia Beach

Because spousal support in Virginia is discretionary and highly fact-specific, the quality of legal advocacy directly affects how your case unfolds. There is no fixed formula in Circuit Court divorce cases, so contested support hearings require presenting organized financial evidence, applying the statutory factors to your specific circumstances, and anticipating the arguments the other side will raise.

We have handled complex spousal support matters for high-net-worth families in Virginia Beach, where the financial stakes tied to support amounts and durations are significant. We also have experience in military divorce cases, which is particularly relevant in this area. Military pay structures, the Uniformed Services Former Spouses Protection Act, and deployment-related income changes all intersect with spousal support obligations in ways that require focused attention. With over 40 years of serving clients in Virginia, our firm has developed familiarity with how Virginia Beach courts approach these disputes. Attorney Damian Garcia also provides Spanish-language legal services.

Contact our Virginia Beach alimony attorneys online or call (757) 367-8253 to schedule a consultation.