How Long Does Spousal Support Last in Virginia?  

Divorce is emotionally draining, but for many, it also brings financial uncertainties. You might find yourself worrying about how you’ll make ends meet post-divorce. Even if spousal support is part of your transition plan, questions about its duration are likely keeping you up at night. Will it last long enough for you to regain your financial footing?  

At Mahoney Richmond Thurston, PLLC, we’ve spent decades guiding Virginia residents through spousal support complexities. In this post, we’ll explore how spousal support works in Virginia, so you can confidently begin planning your new chapter.   

Understanding Spousal Support in Virginia

Spousal support, also known as alimony, is the payment made from one spouse to the other after divorce. Its purpose is to help maintain a similar standard of living for both parties following separation. While it’s not guaranteed in every case, a judge may award spousal support if there’s an income disparity between spouses or if one party sacrificed their career for the marriage.

In Virginia, there are three types of spousal support:

• Permanent: This type of spousal support lasts indefinitely until either party dies or the recipient remarries. It’s typically awarded in long-term marriages where one spouse has significant financial needs, and the other has the ability to pay.
• Rehabilitative: This type of spousal support is meant to help the recipient become self-sufficient within a specific period, usually through education or job training. The duration is determined by the court and can be modified if there’s a change in circumstances.
• Temporary: This type of spousal support is awarded during the divorce proceedings until a final decision on permanent or rehabilitative support can be made. It’s often used to maintain both parties’ financial stability while transitioning into post-divorce life.

Factors That Influence Spousal Support Duration

There’s no one-size-fits-all formula for spousal support in Virginia. Instead, courts consider various factors to determine if support is warranted, how much should be paid, and for how long.  

Key factors include:  

• Duration of the Marriage: The length of the marriage plays a crucial role. Generally, longer marriages are more likely to result in long-term support awards.  
• Each Spouse’s Financial Needs and Resources: To ensure fairness, the court looks at both parties’ incomes, assets, and financial obligations.  
• Standard of Living During the Marriage: Courts aim to maintain a similar standard of living for both parties post-divorce, as much as possible.  
• Health and Age of Both Spouses: If one spouse is elderly or has health issues, this may justify longer spousal support.  
• Contributions to the Marriage: Non-monetary contributions, such as raising children or sacrificing career opportunities, are also factored in.  
• Each Spouse’s Earning Capacity: The court evaluates the skills, education, and job opportunities available to both spouses and the time it would take for the receiving spouse to enhance their earning potential.  
• Marital Fault: Unusual in most states, Virginia courts may consider fault-based grounds, such as adultery, to determine spousal support eligibility.  

How Long Will Your Spousal Support Last?

The duration of spousal support depends heavily on the specifics of your marriage and the final court ruling. However, here’s a breakdown of common scenarios for spousal support duration in Virginia.  

• For Marriages Under 5 Years: Spousal support is typically rare for short-term marriages unless there are extenuating circumstances, such as a significant imbalance in income or other unique factors. If awarded, the duration is usually brief—a few months or years.  
• For Marriages Between 5 and 20 Years: For mid-length marriages, the court often uses the “half-the-length” rule. For example, in a 10-year marriage, the receiving spouse could get support for about five years.  
• For Marriages Lasting 20+ Years:  For longer marriages, the court may award permanent spousal support. However, this doesn’t mean “forever”—support may end if the receiving spouse remarries, cohabitates with a new partner, or has a substantial change in circumstances (e.g., retirement).  

Secure Your Financial Future with Our Professional Guidance

Spousal support can be a lifeline as you transition into post-divorce life, but every situation is unique. Securing the proper financial support requires strategic planning.

If you’re seeking spousal support or are concerned about its duration, it’s essential to consult with an experienced family law attorney who can evaluate your circumstances and advocate for a fair outcome. At Mahoney Richmond Thurston, PLLC, we’re committed to helping our clients achieve fair and lasting outcomes in divorce proceedings. No matter what you need, we’re here to support you. Contact us today to schedule a consultation.