§ 20-107.1. Spousal Support
Separate from the child support guidelines, Virginia Code § 20-107.1 governs a court’s authority to award spousal support — whether as periodic payments, a lump sum, a defined-duration award, or some combination — and sets out the factors a court must weigh, including the length of the marriage, each party’s earning capacity and monetary and non-monetary contributions to the family, the standard of living established during the marriage, and each party’s age and physical and mental condition.
One provision deserves particular attention in high-conflict cases: a spouse generally cannot receive spousal support if the other spouse proves adultery, subject to a narrow exception where denying support would work a manifest injustice, based on clear and convincing evidence weighing the parties’ relative fault and economic circumstances. This makes fault-based grounds strategically significant even where the divorce itself will ultimately proceed on a no-fault basis.
In contested circuit court cases, the court must issue written findings identifying the factors supporting its spousal support decision, and any award may later be subject to modification or reservation depending on how the original order was structured.
Va. Code § 20-107.1 (Code of Virginia)
