Virginia Alimony Calculator

Estimate spousal support (alimony) in Virginia. Understand the types of alimony available, how courts calculate amounts, and how long payments may last. Updated for 2026.

Formula-Based

Virginia has a statutory formula for pendente lite (temporary) spousal support only: With minor children: 26% of payor's gross monthly income minus 58% of payee's gross monthly income. Without children: 27% of payor's gross monthly income minus 50% of payee's gross monthly income. Applies when combined monthly gross income does not exceed $10,000. Va. Code § 16.1-278.17:1. For permanent support, there is no formula; the court uses discretion based on statutory factors.

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Types of Alimony in Virginia

Pendente Lite (Temporary) Support

Temporary spousal support ordered while the divorce is pending. A statutory formula applies in JDR court cases under Va. Code § 16.1-278.17:1.

Rehabilitative Spousal Support

Short-term support to enable the receiving spouse to gain education, training, or experience to become self-supporting.

Permanent Spousal Support

Ongoing support awarded when the receiving spouse cannot become self-supporting due to age, health, or other factors. May be modified upon material change in circumstances. Va. Code § 20-107.1.

Defined Duration Support

Spousal support ordered for a set number of years. Rebuttable presumption that duration should be 50% of the length of the marriage for marriages under 20 years. Va. Code § 20-107.1.

Lump Sum Support

A single lump-sum payment in lieu of periodic support. Not modifiable once ordered.

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Factors Virginia Courts Consider

When determining whether to award alimony and how much, Virginia courts evaluate:

1

Obligations, needs, and financial resources of the parties, including income from all sources

2

Standard of living established during the marriage

3

Duration of the marriage

4

Age and physical and mental condition of the parties

5

Extent to which age, physical, or mental condition of a child makes it appropriate that a party not seek outside employment

6

Contributions, monetary and nonmonetary, of each party to the well-being of the family

7

Property interests of the parties

8

Provisions made with regard to marital property

9

Earning capacity and employability of each party

10

Opportunity and ability to acquire capital assets and income

11

Circumstances that contributed to the dissolution of the marriage, specifically including grounds for divorce

12

Tax consequences to each party

13

Such other factors as are necessary to consider the equities between the parties

How Long Does Alimony Last?

While there is no universal rule, alimony duration in Virginia generally correlates with the length of the marriage:

Marriage LengthTypical Alimony Duration
Under 5 years0-2 years
5-10 years2-5 years
10-20 years5-10 years
20+ yearsIndefinite / Permanent

These are general guidelines. Actual duration depends on the specific facts of your case and the court's discretion.

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When Does Alimony End?

Specified end date: The date set in the alimony order or agreement
Recipient remarries: Alimony typically terminates automatically upon remarriage
Recipient cohabits: Living with a new partner may be grounds for reduction or termination
Paying spouse retires: Retirement (at a reasonable age) may be a basis for modification
Death of either party: Alimony obligations generally end upon the death of either spouse
Recipient becomes self-supporting: If the recipient achieves financial independence before the end date
Court modification: Either party can petition the court for modification based on changed circumstances

Tax Implications of Alimony

Post-2018 Federal Tax Rules

For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act changed the tax treatment of alimony:

For the Payer

Alimony payments are not deductible from federal taxes.

For the Recipient

Alimony payments are not taxable income for federal taxes.

State tax treatment may differ. Consult a tax professional for advice specific to your situation.

Frequently Asked Questions

How is alimony calculated in Virginia?
Virginia Virginia has a statutory formula for pendente lite (temporary) spousal support only: With minor children: 26% of payor's gross monthly income minus 58% of payee's gross monthly income. Without children: 27% of payor's gross monthly income minus 50% of payee's gross monthly income. Applies when combined monthly gross income does not exceed $10,000. Va. Code § 16.1-278.17:1. For permanent support, there is no formula; the court uses discretion based on statutory factors.. However, the court retains discretion to deviate from the formula based on the specific circumstances of the case.
What types of alimony are available in Virginia?
Virginia offers several types of alimony: Pendente Lite (Temporary) Support, Rehabilitative Spousal Support, Permanent Spousal Support, Defined Duration Support, Lump Sum Support. The type awarded depends on the circumstances of your marriage and divorce.
How long does alimony last in Virginia?
Alimony duration in Virginia depends on the type awarded and the length of the marriage. Rehabilitative alimony may last 1-5 years, while permanent alimony can continue indefinitely. As a general rule, shorter marriages receive shorter alimony periods. Alimony typically ends upon the recipient's remarriage or either party's death.
Can alimony be modified in Virginia?
In most cases, yes. Alimony can be modified when there is a substantial change in circumstances, such as a significant change in either party's income, the recipient's remarriage or cohabitation, or a change in health. Lump-sum alimony generally cannot be modified.
Is alimony taxable in Virginia?
For divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer or taxable income for the recipient under federal law (per the Tax Cuts and Jobs Act). State tax treatment may vary. Consult a tax professional for your specific situation.

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