How does spousal support work in Virginia?

  • Spousal support is an amount of money that one spouse is ordered to pay the other spouse to help them maintain the same standard of living from the marriage.

  • Whether you are entitled to spousal support will depend on a few factors including your earning capacity, your spouse’s earning capacity, the length of the marriage, your medical needs, and a number of other factors.

  • The court ultimately has discretion when it comes to spousal support. However, there are some guidelines the court uses as a baseline. Our firm can give you a rough idea during a consultation after we learn more about your family.

  • If the court orders spousal support then your spouse will have to pay it. If they continue to refuse to pay support after being ordered to they can potentially receive jail time.

  • There is technically no rule here, but there is a rule of thumb that the court will be reluctant to order support unless you have been married for at least three years.

  • The court is allowed to set spousal support for any number of years. The general rule is half the length of marriage. If you were married for ten years you can reasonably ask for five years of support.