In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is known as spousal support in Virginia. Alimony is usually a monthly financial allowance paid by one spouse to another. Spousal support in Virginia is based upon the relative needs and resources of each of the spouses.

To be eligible for alimony, spouses in all states, including Virginia, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action. For a comprehensive discussion of divorce in Virginia, go to divorcenet.com.

A Virginia court can order temporary spousal support while the divorce is pending. Most maintenance in the state is ordered for a specific length of time. A spouse whose adultery led to the divorce is ineligible for permanent maintenance in Virginia, unless the court determines that a denial of support would be unjust. Once maintenance has been ordered, it can be modified upon a showing of a change in circumstances.

Virginia law recommends that courts consider the following factors when awarding alimony:

• The circumstances contributing to the divorce
• The obligations, needs, and financial resources of the parties
• The length of the marriage
• The standard of living established during the marriage
• The age and physical and mental condition of the parties, and any special family circumstances
• The custodial parent needs to not seek employment outside of the home
• The contributions of each party to the well-being of the family
• The property interests of the parties
• The equitable distribution of the parties' marital property
• The earning capacity, skills, education, training, and present employment opportunities of the parties
• The decisions made during the marriage regarding employment, career, economics, education, and parenting that affected either spouse's earning potential, including the length of time absent from the job market
• The contributions of either spouse to the education, training, career position, or profession of the other spouse
• The tax consequences of a maintenance award

In the United States, alimony is treated differently tax wise from child support payments. In Virginia, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support of their former husbands. However, since current marriages often consist of two wage earners and more men are assuming the child-rearing duties, alimony awards have changed. It is now not unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a full review of divorce and alimony laws in the state of Virginia, go to lawyers.com.