Virginia · Alimony · Updated Oct 2026

Alimony in Virginia

How spousal support works in a Virginia divorce: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

In short

In Virginia, alimony is called spousal support and maintenance. The court considers the reasons the marriage ended (including adultery, cruelty and desertion) and a list of financial factors, and can order periodic payments for a defined or undefined time, a lump sum, or reserve the right to future support.

What Virginia calls it
spousal support and maintenance
Property division
Equitable distribution
Law
Va. Code 20-107.1.

When Virginia courts can order alimony

The court considers the reasons the marriage ended (including adultery, cruelty and desertion) and a list of financial factors, and can order periodic payments for a defined or undefined time, a lump sum, or reserve the right to future support.

Amount, limits and length

  • Permanent support generally can't go to a spouse who committed adultery, unless denying it would be a manifest injustice.
  • No formula for final support.

Law: Va. Code 20-107.1.

Good to know

Adultery generally bars the guilty spouse from permanent spousal support. (Va. Code 20-107.1(B))

Alimony and property in Virginia

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
If either spouse asks, the court classifies property as separate, marital or part of each, values it, and can make an equitable monetary award or divide retirement benefits, using statutory factors.

How to ask for alimony in Virginia

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Virginia courts)

  2. Pay the fee or ask for a waiver

    No single statewide amount: the clerk's fee for a divorce is $60 (Va. Code 17.1-275(A)(26)) plus local and statutory add-ons and service costs. Can't afford it? Form CC-1414 (Petition for Proceeding in Civil Case Without Payment of Fees or Costs): https://www.vacourts.gov/static/forms/circuit/cc1414.pdf.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Not required; courts may refer parties to a dispute resolution orientation session.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Virginia

How does alimony work in Virginia?

Called spousal support and maintenance. The court considers the reasons the marriage ended (including adultery, cruelty and desertion) and a list of financial factors, and can order periodic payments for a defined or undefined time, a lump sum, or reserve the right to future support. Permanent support generally can't go to a spouse who committed adultery, unless denying it would be a manifest injustice. No formula for final support.

How much alimony is paid in Virginia, and for how long?

Permanent support generally can't go to a spouse who committed adultery, unless denying it would be a manifest injustice. No formula for final support.

Is Virginia a community property state?

No. Virginia uses equitable distribution. If either spouse asks, the court classifies property as separate, marital or part of each, values it, and can make an equitable monetary award or divide retirement benefits, using statutory factors.

More about divorce in Virginia

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.