Virginia's 13 Spousal Support Factors: Code § 20-107.1

Virginia has no formula for spousal support at final hearing. There is no statewide guideline that produces a number, no percentage, and no duration table. A circuit court weighs thirteen statutory factors under § 20-107.1(E) and exercises discretion.

That uncertainty is the defining feature of Virginia spousal support practice, and it is why these cases settle: neither side can predict the outcome with confidence.

Before the factors: the adultery bar

Under § 20-107.1(B), no permanent maintenance and support will be awarded to a spouse against whom a ground of divorce for adultery is established. Virginia is unusual in how hard this bar bites.

There is one escape. The court may make an award notwithstanding proven adultery if it finds by clear and convincing evidence, from the parties’ respective degrees of fault during the marriage and the relative economic circumstances, that denying support would constitute a manifest injustice. That is a demanding standard and it is not routinely met.

The practical consequence: in a Virginia case with a large income disparity, proof of adultery can be worth more than every other argument combined. This is also why adultery allegations appear in Virginia pleadings more often than in most states.

The thirteen factors

1. The obligations, needs, and financial resources of the parties, including income from pension, profit-sharing, and retirement plans
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age and physical and mental condition of the parties and any special circumstances of the family
5. The extent to which a child’s age, condition, or special circumstances would make it appropriate for a party not to seek employment outside the home
6. Contributions, monetary and nonmonetary, of each party to the well-being of the family
7. The property interests of the parties, real and personal, tangible and intangible
8. The provisions made with regard to marital property under § 20-107.3 — the equitable distribution award and the support award are decided together, and a large property award reduces demonstrated need
9. Earning capacity, including skills, education, training, and present employment opportunities for a person with that capacity
10. The opportunity, ability, and the time and costs involved for a party to acquire education, training, and employment to enhance earning ability
11. Decisions about employment, career, economics, education, and parenting made during the marriage and their effect on present and future earning potential, including how long a party has been out of the job market
12. The extent to which either party contributed to the attainment of the other’s education, training, career position, or profession
13. Such other factors, including tax consequences and the circumstances that contributed to the dissolution of the marriage, specifically including any ground for divorce, as are necessary to consider the equities between the parties

Factors 9 through 12 deserve emphasis. They describe the classic case for support: a spouse who left the workforce by joint decision, whose earning capacity eroded while the other’s grew, and who materially contributed to that growth. Presented well, that is a strong case. Presented as a general claim of unfairness, it is not.

The court must show its work

In contested circuit court cases, § 20-107.1(F) requires that any order granting, reserving, or denying support be accompanied by written findings identifying which subsection E factors support the decision. If either party’s retirement was contemplated, the order must say so and state the facts considered.

Types of award

The statute authorizes periodic payments for an undefined duration, periodic payments for a defined duration, and a lump sum — or a combination. Virginia’s statute does not use “rehabilitative” or “permanent” as formal categories, though practitioners use those words informally for defined-duration and undefined-duration awards.

Pendente lite support is different

Temporary support during the case is decided under § 20-103, and some courts use a formula for it. Whether and how a given court applies one varies, and the relationship between temporary formulas and final awards has shifted over time — confirm current practice in your jurisdiction rather than assuming the pendente lite number previews the final one. It frequently does not.