Alimony Lawyer Virginia, VA

You are facing a divorce in Virginia, and one of the most pressing concerns is whether you will pay or receive spousal support—commonly called alimony—and what the amount might be. In Virginia, alimony is not guaranteed to either spouse. A circuit court judge decides whether to award support, how much, and for how long, based on a detailed set of statutory factors under Virginia Code § 20-107.1. The financial stakes are significant: an alimony obligation can last for years and may be modified only under limited circumstances. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents clients in alimony matters across Virginia, from initial petitions and pendente lite support to modifications and enforcement. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Alimony Means in Virginia

Virginia law uses the term “spousal support” rather than alimony, though the two words refer to the same concept: money paid by one former spouse to the other after separation or divorce. Unlike child support, which follows a formula set by Virginia guidelines, spousal support is discretionary. The circuit court judge weighs the evidence and applies the factors listed in Virginia Code § 20-107.1 to determine whether a support award is warranted and, if so, its amount and duration.

Virginia courts may award several types of spousal support. Pendente lite support is temporary support ordered while the divorce is pending, intended to maintain the financial status quo until a final decree. Rehabilitative support is the most common form in Virginia; it provides the receiving spouse with financial assistance for a defined period—often tied to completing education or job training—to become self-supporting. Permanent or indefinite support may be awarded in long-term marriages where the recipient cannot reasonably become self-supporting due to age, health, or other factors the court finds compelling. Lump-sum spousal support is also available as an alternative to periodic payments, providing finality for both parties.

Virginia is an equitable distribution state under Virginia Code § 20-107.3, meaning marital property is divided fairly but not necessarily equally. The spousal support determination is separate from property division but often interrelated: a spouse who receives a larger share of marital assets may receive less support, and vice versa. Courts also consider fault grounds for divorce—such as adultery or cruelty—when determining spousal support. A spouse who committed adultery, for example, is generally barred from receiving support unless the court finds that denial would create a manifest injustice.

Virginia Code § 20-107.1 enumerates thirteen factors for the court to consider when determining spousal support, including the earning capacity and financial needs of each party, the standard of living established during the marriage, the duration of the marriage, and the contributions of each spouse to the family.

Source: Va. Code § 20-107.1. Virginia Code § 20-107.1

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

How Mr. Sris and His Of Counsel Handle Alimony Cases in Virginia

Alimony disputes in Virginia proceed in the circuit court of the county or city where the divorce is filed. Virginia circuit courts have exclusive original jurisdiction over divorce and spousal support matters under Virginia Code § 20-96. The Juvenile and Domestic Relations District Court handles standalone child support and custody matters but does not decide spousal support in the divorce context. Mr. Sris and his Of Counsel appear in circuit courts across Virginia, representing both the spouse seeking support and the spouse from whom support is requested.

The process typically begins with a thorough review of the parties’ financial circumstances: income from all sources, reasonable living expenses, the marital standard of living, and each spouse’s earning capacity and need for training or education. If temporary support is needed while the divorce is pending, a pendente lite motion may be filed under Virginia Code § 20-103. Discovery—including interrogatories, requests for production of financial documents, and depositions—is used to establish a complete picture of the marital finances. In many cases, the parties negotiate a separation agreement that resolves spousal support by mutual consent, avoiding the uncertainty of a judicial determination. When negotiation does not produce an agreement, the matter proceeds to a hearing before the circuit court judge.

Modification and enforcement of existing spousal support orders are also significant parts of the firm’s practice. A material change in circumstances—such as a substantial change in income, remarriage of the recipient, or cohabitation in a relationship analogous to marriage—may justify modifying or terminating support. Enforcement actions may be brought when the paying spouse falls behind on support obligations, and Virginia courts have contempt powers and other remedies to secure compliance.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor informs his approach to family law matters, including alimony disputes that involve contested factual issues, credibility determinations, and financial analysis. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

Working alongside Mr. Sris, the firm’s Of Counsel attorneys bring additional depth to family law representation. Each Of Counsel attorney has extensive litigation experience, and together with Mr. Sris they serve clients throughout Virginia. The firm has locations in Fairfax, Richmond, Ashburn, Arlington, and the Shenandoah Valley, and represents clients in circuit courts, general district courts, and juvenile and domestic relations district courts across the Commonwealth. Mr. Sris and his Of Counsel have handled family law matters since the firm was founded in 1997. Results may vary.

Frequently Asked Questions About Alimony in Virginia

What is alimony in Virginia?

Alimony, called spousal support in Virginia, is a court-ordered payment from one spouse to the other after separation or divorce. Virginia courts award support under Virginia Code § 20-107.1, which requires the judge to consider thirteen statutory factors including the length of the marriage, each spouse’s earning capacity, the standard of living during the marriage, and each spouse’s financial needs. Unlike child support, there is no fixed formula for spousal support; the amount and duration are within the court’s discretion. Support may be temporary (pendente lite), rehabilitative for a set period, or permanent in long-term marriages where self-sufficiency is not feasible.

How does a Virginia court decide whether to award spousal support?

A Virginia circuit court judge decides spousal support by weighing the statutory factors listed in Virginia Code § 20-107.1. These factors include the financial resources and earning capacity of each spouse, the standard of living during the marriage, the duration of the marriage, the age and health of each spouse, and the contributions each spouse made to the family and to the other’s career or education. The court also considers fault grounds for divorce, such as adultery or cruelty. The judge has broad discretion, and the outcome depends heavily on the specific facts of each case. For a consultation about your situation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

How long does spousal support last in Virginia?

The duration of spousal support in Virginia depends on the type of support awarded and the specific facts of the marriage. Rehabilitative support is ordered for a defined period—often long enough for the recipient to complete education or job training—and terminates at the end of that period. Permanent or indefinite support may be ordered in marriages of long duration where the recipient cannot reasonably become self-supporting due to age, health, or other compelling factors. Spousal support ends upon the death of either party or the remarriage of the recipient, and it may be modified or terminated upon a material change in circumstances. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Can spousal support be modified after the divorce is final?

Yes, spousal support in Virginia can be modified if the party seeking modification demonstrates a material change in circumstances that was not anticipated at the time of the original order. Common grounds for modification include a substantial change in either party’s income, the recipient’s remarriage, or cohabitation in a relationship analogous to marriage. The party seeking modification must file a motion in the circuit court that issued the original support order. If the original support order was set by a separation agreement that was incorporated into the final decree, the terms of the agreement govern whether and how support may be modified. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for an alimony case in Virginia?

You are not legally required to have a lawyer for a spousal support case in Virginia, but the financial consequences of an alimony determination make legal representation important for most people. Spousal support involves detailed financial analysis, application of statutory factors, and strategic decisions about discovery and negotiation. A support order can affect your finances for years, and modifying an order later requires proving a material change in circumstances. Mr. Sris and his Of Counsel handle spousal support matters at all stages—from initial petitions to modifications and enforcement. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What happens if my former spouse stops paying spousal support?

If a former spouse fails to pay court-ordered spousal support in Virginia, the recipient may file an enforcement action in the circuit court that issued the support order. Virginia courts have several remedies available, including contempt of court—which can carry fines or incarceration—judgments for arrearages with interest, and wage garnishment or other collection measures. The court may also order the paying spouse to pay the recipient’s legal fees incurred in enforcing the order. Prompt action is important because arrearages can accumulate quickly. To discuss enforcement of an existing support order, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Related Virginia Family Law Pages:

For a more detailed statutory analysis of spousal support under Virginia law, visit our comprehensive guide at srislawyer.com.

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