Alimony · VA
Virginia alimony and spousal support calculator
Virginia writes a formula into its Code for support while the case is pending, and only there.
Rules read on official Virginia pages on · Checked by Radif Partners · How we calculate
- Income counted
- Gross income
- $8,000 vs $3,000 a month
- No formula
- a month under the rule
- 12-year marriage
- Judge decides
- Rules read on
- October 8, 2026
Virginia presumes an amount of pendente lite spousal support, the support paid while the case is pending, under Code § 16.1-278.17:1 in juvenile and domestic relations district court and § 20-103 in circuit court. With minor children in common, it is 26% of the payer's monthly gross income minus 58% of the payee's; without them, 27% minus 50%. The formula applies only when combined monthly gross income is $10,000 or less. A payer with $6,400 a month and a payee with $1,900 gives $562 with children and $778 without, and spousal support is fixed before child support. Final spousal support after the divorce has no formula: § 20-107.1 lists thirteen factors and lets the court order support for a defined or open-ended duration, a lump sum, or reserve the right to ask later, a reservation presumed to last 50% of the time between marriage and separation.
Estimated spousal support in Virginia, per month
$0
Duration: set by the judge
| 27% of the payer’s monthly gross income | $2,160 |
| 50% of the payee’s monthly gross income | $1,500 |
| Formula result | $660 |
| Combined monthly gross income | $11,000 |
The formula is presumptive only when combined monthly gross income is $10,000 or less; above that the court sets temporary support on the evidence.
This presumptive formula covers temporary (pendente lite) support only; final spousal support is decided on the factors of § 20-107.1.
With no minor children in common, the 27%/50% formula applies.
If the court reserves the right to future support, the reservation is presumed to last 50% of the time from marriage to separation (72 months here).
Estimate under the Virginia formula as published; eligibility, the judge's findings and an agreement between spouses decide the real order. How this is calculated.
Percentages that changed in 2020
The pendente lite formula entered the Code in 2007 (chapter 909). The 2020 session (chapter 651) rewrote the percentages, the first change since the federal alimony deduction ended for new agreements, and the current Code reads 26%/58% and 27%/50%. Older guides and calculators still quote the previous figures; they overstate the result. Both incomes are gross, defined as in the child support statute, § 20-108.2.
The $10,000 line
Virginia limits the presumption to households with combined monthly gross income of $10,000 or less. Above it, the statute simply says the formula does not apply, and the judge sets temporary support from the evidence of needs and means. Our calculator then shows $0, as it does for a payer at $8,800 with a spouse at $2,600, combined $11,400: not because nothing is owed, but because there is no presumptive figure to show. The formula result is still listed in the steps, for reference only. Below the line, the court may deviate for good cause, including the parties' current finances or tax effects.
Children, then the final decree
When the spouses have minor children together, the court sets pendente lite spousal support first and child support second, using incomes adjusted by the spousal amount. In our example the payee would receive $562 of spousal support and then child support computed on the adjusted figures. None of this binds the final hearing: § 20-103(J) says a pendente lite order has no presumptive effect on the underlying case.
At the divorce, adultery matters more than in most states. Under § 20-107.1(B), a spouse against whom adultery is proven cannot receive permanent support unless the court finds, by clear and convincing evidence, that denial would be a manifest injustice. If the court reserves the right to future support instead of ordering it now, the reservation is presumed to last 50% of the time from marriage to separation, 72 months for a twelve-year marriage, and that period cannot later be modified.
The Virginia rule this calculator applies
Scope. Presumptive formula only for pendente lite (temporary) spousal support: § 16.1-278.17:1 (juvenile and domestic relations district courts) and § 20-103 (circuit courts). Final spousal support under § 20-107.1 is factor-based with no formula.
Amount. With minor children in common: 26% of the payor spouse's monthly gross income minus 58% of the payee spouse's monthly gross income. With no minor children in common: 27% of the payor's monthly gross income minus 50% of the payee's. Gross income as defined in § 20-108.2. Spousal support is determined before child support. Applies only when combined monthly gross income does not exceed $10,000; deviation for good cause.
Duration. No formula for duration. § 20-107.1(C): support may be for a defined duration, an undefined duration, a lump sum, or a combination. § 20-107.1(D): when the right to future support is reserved, a rebuttable presumption that the reservation lasts 50% of the time between the date of marriage and the date of separation.
Eligibility. § 20-107.1(B): no permanent support to a spouse against whom adultery (§ 20-91(A)(1)) is established, unless denial would be a manifest injustice shown by clear and convincing evidence. § 20-107.1(E) lists 13 factors for nature, amount and duration.
Worth knowing in Virginia
- The pendente lite formula is presumptive only where the spouses' combined monthly gross income is $10,000 or less (§ 16.1-278.17:1(E); § 20-103(I)). source
- A pendente lite order has no presumptive effect on the final decision in the case (§ 20-103(J)). source
- A reservation of the right to future spousal support is presumed to last half the time from marriage to separation, and that duration cannot be modified (§ 20-107.1(D)). source
- Adultery bars permanent support unless denial would be a manifest injustice (§ 20-107.1(B)). source