Can I get alimony in Virginia
Yes, you can get alimony, also called spousal support, in Virginia, but receiving it is not automatic. Whether you are in Roanoke, Fairfax, or anywhere else in the Commonwealth, the Virginia courts will evaluate your eligibility based on specific statutory factors. Alimony is financial support paid by one spouse to the other after a divorce. Under Va. Code § 20-107.1, either spouse may request support, and the court determines an appropriate amount and duration after examining thirteen factors. These considerations include the earning capacity of each party, the duration of the marriage, the standard of living established during the marriage, and the contributions made by each spouse, including non‑monetary contributions. A spouse who is unable to be self‑supporting or who needs time to acquire education or training may be awarded alimony. The court’s decision is equitable, not formulaic, so a personalized, fact‑specific evaluation is essential. Mr. Sris and the firm’s Of Counsel attorneys assist clients throughout Virginia with presenting strong documentation and argument to support a fair spousal support outcome. To request a consultation about your alimony situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Alimony Means in Virginia
In Virginia, alimony—formally called spousal support—is a court‑ordered payment from one spouse to the other after a divorce. It is distinct from property division, which is governed by equitable distribution under Va. Code § 20-107.3. Alimony addresses a need for ongoing support when one spouse lacks sufficient income or assets to maintain a reasonable standard of living. Unlike community property states, Virginia does not presume a 50‑50 split of income; it awards support only after a careful analysis of the parties’ circumstances. The support can be ordered temporarily while a divorce is pending, or as part of the final decree.
Spousal support is not punitive. The goal is to provide a financial bridge toward self‑sufficiency. For example, a spouse who left the workforce to care for children and now needs time to complete education or job training may be awarded rehabilitative alimony for a fixed period. When a spouse faces a permanent barrier to full self‑support, such as a disability or advanced age, a court may grant indefinite support. The law also permits the parties to agree on support terms through a separation or property settlement agreement, which the court will generally enforce if it is fair and not unconscionable. Whether your case is heard in the Roanoke City Circuit Court, the Roanoke County Circuit Court, or any other Virginia circuit court, the statutory framework remains consistent, but local judicial practices and the specific factual presentation of your case can make a real difference.
How Virginia Courts Determine Alimony
Under Va. Code § 20-107.1, the court weighs thirteen statutory factors to decide whether alimony is appropriate and, if so, the amount and duration. These factors include:
- The earning capacity, obligations, needs, and financial resources of each spouse, including income from pension and retirement accounts
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of each spouse
- The contributions of each spouse to the family, including homemaking and child‑rearing
- The property interests of each spouse, including separate and marital property
- The ability of the spouse from whom support is sought to meet his or her own needs while paying support
No single factor controls; the court balances them all. Because the analysis is both fact‑intensive and discretionary, strong advocacy matters. Supporting documentation—such as tax returns, pay stubs, a family expense history, and vocational evaluations—helps the court craft a fair order. Mr. Sris and the firm’s Of Counsel attorneys guide clients through gathering and presenting this evidence. They appear regularly in Virginia circuit courts, including Roanoke City and Roanoke County, and they work to frame each client’s narrative in the light most favorable under the statutory factors.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His extensive experience includes complex family law matters, and he leads a capable group of Of Counsel attorneys who appear with him on alimony and divorce cases throughout Virginia.
The firm’s Of Counsel attorneys bring extensive combined legal experience to family law disputes. Together, Mr. Sris and the firm’s Of Counsel attorneys have been involved in many spousal support cases, from straightforward temporary support to high‑net‑worth matters involving business valuations and inherited assets. They emphasize thorough preparation, clear communication, and realistic advice about likely outcomes. For a confidential consultation about your alimony questions, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What types of alimony are available in Virginia?
Virginia courts can award several types of spousal support, including temporary support while the divorce is pending, rehabilitative support for a set period, and indefinite support when a spouse is unable to become self‑supporting. Temporary support, also called pendente lite support, is ordered early in the case to maintain the status quo. Rehabilitative support provides a fixed term for training or education. Indefinite support may be awarded when a spouse is unlikely to become self‑sufficient due to age, disability, or long absence from the workforce. A court can also order a lump‑sum payment in lieu of periodic payments. The specific type depends on the thirteen factors in Va. Code § 20-107.1.
How do I prove I need alimony in Virginia?
You prove the need for alimony by presenting evidence of your income, expenses, and any limitations on your earning ability, along with evidence of your spouse’s ability to pay. This typically includes financial records such as tax returns, pay stubs, bank statements, and a detailed expense list. If you have been out of the workforce, you may need to show what efforts you have made to gain employment or training. A vocational experienced attorney can help establish your earning capacity. Virginia courts focus on your realistic needs and the other spouse’s capacity to contribute. Mr. Sris and the firm’s Of Counsel attorneys help clients collect and organize this documentation. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can alimony be modified in Virginia?
Yes, a spousal support order can be modified if there has been a material change in circumstances that was not anticipated at the time of the original order. Examples include a substantial increase or decrease in either spouse’s income, the recipient’s remarriage, or a change in the payer’s health. The party seeking modification must petition the court that entered the original order. Even if the original support was set by an agreement, the agreement may permit modification under certain conditions. It is critical to document the changed circumstances fully. The firm’s attorneys in Roanoke and across Virginia routinely handle modification proceedings. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Does adultery affect alimony in Virginia?
Yes, adultery can affect alimony under Virginia law; a spouse found guilty of adultery may be barred from receiving spousal support. Va. Code § 20-107.1 explicitly states that a court may deny support to a spouse who has committed adultery. The adultery must be proven in court or admitted. Even if the adultery is not a ground for divorce (for example, in a no‑fault case based on separation), evidence of adultery may still be considered in the alimony determination. This makes the integrity of the evidence and the legal arguments essential. An experienced attorney can assess whether misconduct evidence is relevant and admissible in your case. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
How long will I receive alimony?
The duration of alimony depends on the type of support ordered and the circumstances of your case; it can be fixed‑term, such as rehabilitative support for two or three years, or indefinite if the court finds that you cannot become self‑supporting. Rehabilitative support is designed to cover the time you need to obtain education or training and find employment. Indefinite support continues until the recipient remarries, either party dies, or a court later modifies the order because of a material change. The court may also set a specific termination date. Your attorney will negotiate or argue for a duration that matches your realistic employment prospects. Each situation is unique, so the outcome varies considerably.
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