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Alimony in Virginia

Alimony in Virginia

In evaluating any request made for spousal support, the Court considers the factors set forth in Virginia Code Section 20-107.1(E). They are:

1. The obligations, needs, and financial resources of the parties, including, but not limited to, income from all pension, profit sharing, or 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. Whether the parties’ have children who have special needs.

6. The contributions of each party to the well being of the family.

7. The property interests of the parties.

8. A potential award of marital property.

9. The earning capacities of the parties and their present employment opportunities.

10. The opportunity for a party to acquire skills which could enhance his or her earning capacity.

11. Decisions regarding employment, career, economics, education, and parenting arrangements made by the parties during the marriage and their effect on present & future earning potential, including the length of the party has been absent from the job market.

12. The extent to which either party has contributed to the attainment of education training, career position, or profession of the other party; and

13. Tax consequences.

You can assist us in prosecuting your case by considering the above factors, bringing to our attention any matters that you believe are relevant to the above, and by gathering information relevant to these factors.


Virginia recognizes both indefinite alimony (which generally continues until the death or remarriage of the other party) and rehabilitative alimony, which requires payment of alimony for a specified period of time until the economically dependent spouse can sustain himself or herself.

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