Spousal Support

The Court is bound by any term in a settlement agreement setting spousal support, and can only modify the amount later on if the settlement agreement specifically says so.  If there is no agreement, Section 20-107.1 of the Virginia Code governs the award of spousal support.  Generally, no spouse guilty of fault grounds for divorce can receive spousal support.  There are exceptions, however, where there is clear and convincing evidence that denial of support would constitute a manifest injustice based on the respective degrees of fault and the relative economic circumstances of the parties.  Unlike child support, which is based on child support guidelines, the amount of spousal support the Court might award, if any, is unpredictable.  In deciding whether to order spousal support, and what the amount should be, the Court must consider the following:

• The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and mental condition of the parties and any special circumstances of the family
• The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home
• The contributions, monetary and nonmonetary, of each party to the well-being of the family
• The property interests of the parties, both real and personal, tangible and intangible
• The provisions made with regard to the marital property
• The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity
• The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability
• The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market
• The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party
• Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties

The Court can order support for a limited duration, an unlimited duration, or in a lump sum.  The Court can order the lump sum to be paid over a period of time.  The Court can order “pendente lite” support while the case is pending.

Awards of spousal support can be modified in certain circumstances.  However, if the support award is based on a settlement agreement and the agreement does not specifically say that the Court can modify the award, the Court is without authority to make any modification.