Virginia Alimony Calculator
Estimate spousal support payments under Virginia's judicial discretion guidelines.
Your Income
Spouse's Income
- Virginia does not have a statutory alimony formula. This is a general estimate only.
- Actual awards depend on judicial discretion and the specific factors of your case.
- Consult a family law attorney in your state for accurate guidance.
- Post-2018 TCJA: alimony is not tax-deductible for the payor and not taxable income for the payee (federal).
Virginia Alimony Laws
Virginia courts award spousal support under VA Code §20-107.1 considering 13 statutory factors. Courts often reference a duration of about half the marriage length as an informal guideline, but have full discretion. Some jurisdictions use informal local formulas.
Virginia does not use a fixed formula for calculating alimony. Instead, courts exercise broad judicial discretion when determining the amount and duration of spousal support, weighing multiple statutory factors to reach a fair outcome.
How Virginia Calculates Spousal Support
Virginia courts consider multiple factors when calculating spousal support, including but not limited to:
- Length of the marriage
- Income and earning capacity of each spouse
- Age and health of both parties
- Standard of living established during the marriage
- Financial resources and assets of each party
- Contributions to the marriage (including homemaking and child-rearing)
- Education, training, and employability of the requesting spouse
- The paying spouse's ability to meet their own needs while paying support
Types of Alimony Available in Virginia
Virginia courts may award the following types of spousal support:
- Temporary
- Rehabilitative
- Permanent
- Lump Sum
- Reserving Jurisdiction
The type of alimony awarded depends on the circumstances of the divorce, including the length of the marriage, the financial needs of the requesting spouse, and the purpose the support is intended to serve.
Virginia Alimony Duration Guidelines
Court discretion under VA Code §20-107.1. Duration is typically 50% of marriage length as a rough guideline; longer for long marriages.
Courts may modify the duration of alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income, retirement, remarriage of the recipient spouse, or cohabitation with a new partner.
Frequently Asked Questions: Virginia Alimony
How is alimony calculated in Virginia?
Virginia does not have a fixed alimony formula. Virginia courts award spousal support under VA Code §20-107.1 considering 13 statutory factors. Courts often reference a duration of about half the marriage length as an informal guideline, but have full discretion. Some jurisdictions use informal local formulas. The court has broad discretion in determining the amount based on each party's financial situation.
How long does alimony last in Virginia?
Court discretion under VA Code §20-107.1. Duration is typically 50% of marriage length as a rough guideline; longer for long marriages. The actual duration depends on the specific facts of each case, and courts may adjust based on changed circumstances.
Can alimony be modified in Virginia?
Yes, in most cases alimony can be modified in Virginia if there is a substantial change in circumstances. Common grounds include significant changes in income, job loss, retirement, serious illness, or the recipient spouse becoming self-supporting. Some types of alimony, such as lump-sum awards, may not be modifiable.
Is alimony taxable in Virginia?
For divorce agreements executed after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under federal tax law (per the Tax Cuts and Jobs Act). Virginia follows federal tax treatment. For pre-2019 agreements that have not been modified, the old rules may still apply.
Does Virginia have permanent alimony?
Yes, Virginia allows Permanent alimony. This is typically reserved for long-term marriages where the receiving spouse cannot become self-supporting. The types of alimony available in Virginia include: Temporary, Rehabilitative, Permanent, Lump Sum, Reserving Jurisdiction.