How long would a spouse typically pay alimony in Virginia?
19
9
In Virginia, alimony (spousal support) duration is not set by a strict formula, but is determined by the court under Virginia Code § 20-107.1, based on multiple factors or by mutual agreement.
A common rule of thumb is that alimony may be awarded for about 50% of the length of the marriage for moderate-length marriages. In your case:
- Marriage duration: September 10, 2011 – May 10, 2024 (approximately 12 years and 8 months)
- Estimated alimony duration (rule of thumb): About 6 years and 4 months
However, this is only a guideline, and not a legal requirement.
If you and your husband agreed to one year of spousal support and this is documented in a valid separation agreement, that may be legally binding — unless found to be unfair or challenged in court.
His claim that he’s “already been paying for two years” likely refers to informal financial support provided during the marriage or separation. However, unless it was formally recorded as “spousal support,” it may not be legally counted as such.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
For it to be one year, yes. But his latest is he says he has already been paying me for 2 years even though he didn't leave until last May.
How long would a paying spouse typically pay alimony in Virginia? We were married on September 10, 2011. He left the house on May 10, 2024.
I understand this must be a difficult situation for you. In Virginia, have you already filed for divorce or legal separation?
I can't until May 12.
Have there been any discussions or agreements between you and your spouse regarding alimony or spousal support?
Yes, we discussed him paying alimony for one year. But lately, he claims he’s already been paying me for two years, even though he didn’t leave until last May.
Thanks for the information. A Family Lawyer can help determine the typical duration of alimony payments in Virginia based on your specific circumstances.
How would you like to connect with the Lawyer - phone call or online chat?
Phone call.
So does that mean he won’t owe me anything in the divorce?
Hello! The Family Lawyer, Steve G. Esq., is working on your question and will call you shortly. Please keep your phone nearby.
Below is a summary of our phone call:
In Virginia, alimony (spousal support) duration is not set by a strict formula, but is determined by the court under Virginia Code § 20-107.1, based on multiple factors or by mutual agreement.
A common rule of thumb is that alimony may be awarded for about 50% of the length of the marriage for moderate-length marriages. In your case:
- Marriage duration: September 10, 2011 – May 10, 2024 (approximately 12 years and 8 months)
- Estimated alimony duration (rule of thumb): About 6 years and 4 months
However, this is only a guideline, and not a legal requirement.
If you and your husband agreed to one year of spousal support and this is documented in a valid separation agreement, that may be legally binding — unless found to be unfair or challenged in court.
His claim that he’s “already been paying for two years” likely refers to informal financial support provided during the marriage or separation. However, unless it was formally recorded as “spousal support,” it may not be legally counted as such.
As for whether he will owe you anything in the divorce, that depends on:
- Income disparity (Do you earn significantly less?)
- Standard of living during the marriage
- Contributions to the marriage (including childcare)
- Needs vs. his ability to pay
- Length of marriage (Nearly 13 years — moderate term)
- Grounds for divorce (Fault such as cruelty or adultery can impact alimony)
Given you have one child together, child support will also be calculated separately based on Virginia’s statutory guidelines, which prioritize the child’s needs. Any spousal support would be determined after child support is set.
If you’ve been separated since May 10, 2024, and haven’t filed yet, you might also be eligible for temporary (pendente lite) support during the divorce process once you file, assuming you can demonstrate need and his ability to pay.
Your rights to spousal support in Virginia include:
- Eligibility for support: You can request temporary support during separation/divorce proceedings and potentially longer-term support post-divorce, depending on the factors above.
- Separation period: Since you have a child, Virginia requires a one-year separation before filing for a no-fault divorce (Virginia Code § 20-91(9)), which aligns with your timeline of filing after May 12, 2025.
- Negotiation: You have the right to negotiate a separation agreement with your husband, including spousal support terms. Your one-year agreement could be enforceable if properly documented and signed.
- Modification: If circumstances change (e.g., job loss, remarriage), either party can request a court to modify support, unless your agreement specifies it’s non-modifiable.
Regarding his claim of "paying for 2 years," you’d need evidence (e.g., bank records) to clarify what he means. If he’s been providing informal support since May 2024, it might count toward temporary support but not necessarily a formal alimony obligation unless agreed upon or ordered by a court.
Here are best practices to follow during this process.
- Document Everything: Keep records of all financial support he’s provided since May 2024, as well as your income, expenses, and contributions to the marriage/child-rearing.
- Formalize Agreements: If you’ve verbally agreed to one year of support, get it in writing as part of a separation agreement, signed by both of you and preferably notarized. Consult a lawyer to ensure it’s legally sound.
- File for Temporary Support: Once you file for divorce after May 12, 2025, request pendente lite spousal support if you need immediate financial help.
- Gather Financial Evidence: Prepare documentation of both your and your husband’s income, assets, and debts to present in court or negotiations.
- Consult a Lawyer Early: Even before filing, a family law attorney can advise you on your rights, draft agreements, and prepare your case.
- Consider Mediation: If you and your husband can negotiate amicably, mediation might save time and money compared to a contested court battle.
Telephone Numbers for 10 Free Legal Clinics in Virginia
Free legal clinics in Virginia often provide advice but may not offer full representation. Availability can vary, so call to confirm services in Rockingham County or nearby areas as of April 1, 2025.
- Virginia Legal Aid Society (VLAS) – Harrisonburg: (540) 433-1830
- Legal Aid Justice Center – Charlottesville: (434) 977-0553
- Central Virginia Legal Aid Society – Richmond: (804) 648-1012
- Blue Ridge Legal Services – Harrisonburg: (540) 433-1830
- Legal Services of Northern Virginia – Fairfax: (703) 778-6800
- Southwest Virginia Legal Aid Society – Marion: (276) 783-8300
- Tidewater Legal Aid – Norfolk: (757) 627-5423
- Virginia Poverty Law Center – Richmond: (804) 782-9430
- Legal Aid Works – Fredericksburg: (540) 371-1100
- Pro Bono Clearinghouse (Virginia Bar Association): (804) 775-0570
Recommendation: Blue Ridge Legal Services is likely your best local option in Rockingham County.
Six Family Law Firms Near Rockingham County, Virginia
- Dana Cornett, Attorney at Law – Harrisonburg: (540) 208-0879
- Wharton Aldhizer & Weaver PLC – Harrisonburg: (540) 434-0316
- Miller Law Group, PC – Harrisonburg: (540) 564-1555
- Hoover Penrod PLC – Harrisonburg: (540) 433-2444
- Litten & Sipe, LLP – Harrisonburg: (540) 434-5353
- Graham Law Firm, PLLC – Staunton: (540) 712-2114
No-Fault vs. Fault-Based Divorce in Virginia
- No-Fault Divorce (Virginia Code § 20-91(9)):
- Requires one-year separation with children.
- No proof of wrongdoing required.
- You can file after May 12, 2025.
- Fault-Based Divorce (Virginia Code § 20-91(A)):
- Includes adultery, cruelty, desertion.
- Requires evidence.
- Can be filed immediately if supported by evidence.
Switching Grounds: Can You Change Later?
- No, you generally cannot switch from no-fault to fault once the case is underway, unless you amend early with court approval.
- Courts require pleading specific grounds from the start.
- Once a final decree is issued, the grounds are set in stone.
Can Fault Grounds Still Be Used?
- Yes, even in a no-fault divorce, fault evidence can be introduced to impact:
- Spousal Support: E.g., adultery may bar support or increase an award.
- Property Division: E.g., misuse of marital funds for an affair.
- Child Custody: Only if cruelty or behavior impacts the child.
Strategic Considerations
- Act early if pursuing fault-based divorce.
- Document evidence of adultery or cruelty now.
- Consult a local lawyer to evaluate whether fault is worth pursuing.
