Can I get alimony in Virginia
Yes, you may be able to receive alimony — also called spousal support — in Virginia. Whether a court awards it, how much, and for how long depend on the specific facts of your case and the statutory factors the judge is required to consider. Alimony is never automatic; one spouse must show a need for support and the other spouse’s ability to pay. The court’s analysis follows Va. Code § 20‑107.1, which lists 13 factors, including the duration of the marriage, the standard of living established during the marriage, each spouse’s age and health, the financial resources of both parties, and the contributions each made to the family. Law Offices Of SRIS, P.C. represents clients throughout Virginia in alimony matters, from negotiating voluntary support to litigating contested issues in the Circuit Court. Reach our location at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Alimony Means in Virginia
Alimony is a payment from one spouse to the other ordered as part of a divorce or separate maintenance proceeding. In Virginia, it is governed by Title 20 of the Virginia Code and is most commonly handled in the Circuit Court, which has exclusive jurisdiction over divorce. The court can award temporary support while the divorce is pending — called pendente lite support — under Va. Code § 20‑103, and then decide final support at the conclusion of the case. Alimony is not a punishment and is not guaranteed to either party; it is meant to provide fairness, recognizing that one spouse may have given up career opportunities or contributed in non‑monetary ways during the marriage.
Virginia is an equitable distribution state, which means property and debts are divided fairly but not necessarily equally. Alimony often works alongside the property division, sometimes supplementing it when dividing assets cannot fully balance the economic circumstances. A judge weighs the 13 factors set out in Va. Code § 20‑107.1(E), including each spouse’s income, earning capacity, the duration of the marriage, and the needs of any children. Because no two marriages look exactly alike, every alimony case turns on its own facts. The process can be resolved by agreement in a separation agreement or, when spouses cannot agree, after a contested hearing.
In many Virginia jurisdictions — including Fairfax County, Prince William County, Richmond, and beyond — the Circuit Court sets a schedule for discovery, mediation, and trial dates. The timeline and complexity of an alimony case vary based on the financial issues in dispute, whether business valuations or forensic accounting are necessary, and the court’s calendar. Mr. Sris and his Of Counsel team are experienced in presenting detailed financial evidence and working with forensic professionals when significant assets or income streams are involved.
How Mr. Sris and His Of Counsel Handle Alimony Cases
At Law Offices Of SRIS, P.C., alimony matters are handled by Mr. Sris and his Of Counsel, who collectively bring substantial experience in Virginia family law. The process begins with a thorough review of both spouses’ financial circumstances: income, expenses, assets, debts, and employment history. The team identifies the arguments that the statutory factors support, whether the client is seeking support or resisting an alimony claim. The goal is to present a clear, well‑supported narrative, whether in negotiation, mediation, or before the court.
Because Mr. Sris keeps his personal caseload small, he is directly involved in shaping the strategy for each family law matter the firm accepts. The Of Counsel team — which includes attorneys with substantial litigation and financial‑analysis backgrounds — works collaboratively on the case. The firm routinely engages forensic accountants and business valuators when the marital estate includes closely held businesses, professional practices, or complex investment portfolios. Every step is tailored to the specific financial landscape of the marriage and the client’s goals.
Many alimony disputes resolve before trial through a marital settlement agreement. However, when litigation is necessary, Mr. Sris and his Of Counsel prepare thoroughly for evidentiary hearings, presenting testimony and documents that address each statutory factor. The firm also handles modifications of alimony when a substantial change in circumstances occurs after the original award, and enforcement actions when an obligor fails to pay.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris is a former prosecutor and brings a trial‑tested perspective to divorce and support litigation. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable distribution statute. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to Virginia family law matters. Results may vary.
All attorneys who practice with the firm serve Of Counsel; the firm has no associates or partners. This structure ensures that every client benefits from a team of seasoned lawyers who pool their knowledge on each file. The Of Counsel team includes attorneys with backgrounds in prosecution, law enforcement, forensic accounting, and complex civil litigation. Every member of the team has more than a decade of practice experience.
Frequently Asked Questions
What factors does a Virginia court consider when deciding alimony?
Virginia courts consider 13 statutory factors under Va. Code § 20‑107.1(E), including each spouse’s age, health, income, earning capacity, and the standard of living during the marriage. The court also looks at the duration of the marriage, the contributions each spouse made — both monetary and non‑monetary — and the tax consequences of any award. Other factors include the parties’ needs, obligations, and the ability of the paying spouse to meet those needs. The weight given to each factor depends on the specific circumstances of the case. For guidance on how these factors might apply in your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I get alimony while the divorce is still pending?
Yes, Virginia law allows a court to order pendente lite support — temporary alimony — while the divorce is ongoing, under Va. Code § 20‑103. The purpose is to maintain the status quo and provide for a spouse’s reasonable needs until a final decree is entered. To obtain pendente lite support, you must file a motion and demonstrate need and the other spouse’s ability to pay. The court schedules a hearing, often within a relatively short timeframe, but the exact schedule depends on the court’s calendar. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How long does alimony last in Virginia?
The duration of alimony in Virginia depends on the type of support the court orders; it can be for a defined period, rehabilitative, or indefinite. Rehabilitative support is designed to help a spouse become self‑supporting, often while completing education or training. Indefinite alimony is reserved for cases where the recipient cannot reasonably become self‑supporting due to age, health, or other circumstances. The court may also award support for a fixed term, such as a number of months or years. The specific length of any award is determined by the evidence presented. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Does adultery affect alimony in Virginia?
Yes, adultery can affect alimony in Virginia, both as a ground for divorce and as a factor the court considers in determining support. Under Va. Code § 20‑91, adultery is a fault‑based ground for divorce. When evaluating alimony, the court may weigh marital fault, including adultery, as one of the statutory factors under § 20‑107.1. Notably, if the spouse seeking support is found to have committed adultery, that can bar the award of spousal support unless the court finds that denying support would be manifestly unjust. The application of this law is highly fact‑specific. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can alimony be modified after the divorce is final?
Yes, Virginia courts can modify spousal support after a final divorce decree if there has been a material change in circumstances that was not contemplated at the time of the original award. Common examples include a substantial increase or decrease in either spouse’s income, involuntary job loss, or serious health issues. The party seeking modification must file a motion with the court and present evidence of the changed circumstances. Modification is not automatic, and the court retains discretion. To discuss the possibility of modifying alimony, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
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Further reading: Virginia Code Title 20 — Domestic Relations · Virginia’s Judicial System · Va. Code § 20‑107.1 (spousal support factors)
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