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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)
What factors will a judge consider when deciding whether to grant alimony?
A judge will decide whether or not to grant maintenance after considering the circumstances and reasons the marriage ended. A judge must specifically consider whether there are any fault-based grounds for divorce.1 You can see these grounds at What are the grounds for divorce in Virginia?
A judge will decide what kind of maintenance to award, how much maintenance to award, and how long maintenance will last after considering the following factors:
- the needs, responsibilities, and financial resources of each spouse, including pension, profit sharing, or retirement plans;
- the way you and your spouse lived while married (“standard of living”);
- how long you were married;
- how old you and your spouse are, your physical and mental conditions, and any special family circumstances;
- if either your or your spouse’s ages, physical or mental conditions, or special circumstances of your children would make it difficult for you or your spouse to work outside of the home;
- the contributions, both financial and otherwise, of each spouse to the well-being of the family;
- the property each spouse has, including marital property;
- how marital property was divided in the divorce;
- your and your spouse’s ability to earn money, including each of your skills, education, training, and current employment opportunities;
- the chance, ability, time, and costs for you or your spouse to get the education, training, and employment needed to earn more money;
- any decisions about jobs, careers, education, or parenting arrangements that you and your spouse made while married, and how those decisions affected your income and future job opportunities, including the length of time you or your spouse has been out of the job market;
- the extent that each spouse has helped or supported the other with education, training, or moving up in a job while you were married; and
- any other factors that it would be fair to consider, including the tax consequences to each party, the circumstances and factors that contributed to the divorce, and reasons you got divorced.2
1 Va. Code § 20-107.1(B)
2 Va. Code § 20-107.1(E) “Divorce in Virginia,” Virginia State Bar
Can I submit proof of my medical treatment and costs as part of a request for alimony?
If you believe that the judge should know about your medical treatment and costs when deciding whether to award alimony, you can give the court reports and bills related to your medical care in any case involving spousal support in domestic relations district court.1 You must give your spouse a copy of this evidence along with a written notice of your plan to use it at least 30 days before your trial is scheduled. To be accepted by the court, this evidence must include a sworn statement from either:
- the person in charge of managing your doctor’s records (the “custodian of the record”) confirming that the reports and bills provided are a true and accurate copy of the original; or
- a sworn statement from your doctor confirming that:
- the doctor treated you;
- the report is true, accurate, and includes a full description of both your treatment and any conclusions that your doctor reached; and
- any bill included with the report is true and accurate.2
Your spouse must file any response to this evidence at least 15 days before the trial is scheduled.3 If it becomes necessary for the doctor or the custodian of the record to testify in person, the court will determine whether you or your spouse needs to pay the costs of that person’s appearance. If appropriate, the judge may split the cost between you.2
1 Va. Code § 16.1-245.2(A)
2 Va. Code § 16.1-245.2(A)(2)
3 Va. Code § 16.1-245.2(B)
