Divorce

Alimony, also called “maintenance” or “support,” is financial support paid by, or to, your spouse. A judge can give you maintenance when s/he gives you an annulment, a divorce, or in a separate maintenance action.¹ The judge can award you:

• periodic maintenance, which is multiple payments over time;
• a lump sum award, which is maintenance in a one-time, complete payment; or
• some combination of periodic maintenance and a lump sum award. ²

Maintenance can last for as much or as little time as the judge decides. Maintenance can even last permanently.³

The judge can also protect (reserve) your right to future support, regardless of whether or not the judge gives you maintenance right now. This reservation to file for future support can last for half the length of your marriage, which is defined as the time between the date of the marriage and the date of separation. For example, if you were married for ten years before you separated, your right to file for support in the future would be reserved for five years. However, if you later decide that you want to file for support, you must prove that there has been a substantial (“material’) change of circumstances before the judge will even consider ordering support.⁴

The judge cannot give you permanent maintenance if it is proven that you committed adultery, sodomy outside of the marriage, or buggery, even if your spouse did not get a divorce on one of these grounds. However, the judge may still choose to give you periodic maintenance for a limited amount of time or lump sum maintenance if there is “clear and convincing evidence” that it would be unfair (“a manifest injustice”) to deny maintenance, even if you committed one of the above acts based on:

• how much you and your spouse are each responsible for the end of the marriage; and
• you and your spouse’s respective financial circumstances.⁵

¹ Va. Code § 20-107.1(A)
² Va. Code § 20-107.1(C)
³ Va. Code § 20-107.1(B);(C)
⁴ Va. Code § 20-107.1(D)
⁵ Va. Code § 20-107.1(B); Barnes v. Barnes, 428 S.E.2d 294, 298 (Va. App. 1993)