11.5 Spousal Support

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

11.5 SPOUSAL SUPPORT

11.501 Pendente Lite Support. Va. Code § 20-103 permits circuit courts to award spousal support while a divorce suit is pending. Effective July 1, 2016, Va. Code § 20-103 was amended to provide a rebuttable presumption as to the source of funds expended to pay pendente lite support, providing that

[a]ny award or order made by the court . . . shall be paid from the post-separation income of the obligor unless the court, for good cause shown, orders otherwise. Upon the request of either party, the court may identify and state in such order or award the specific source from which the financial obligation imposed is to be paid.

The Juvenile and Domestic Relations District Court also has jurisdiction to enter temporary spousal support. A petition for spousal support may be filed in the Juvenile and Domestic Relations District Court if the parties are separated but neither has grounds for divorce.

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Va. Code § 16.1-278.17:1 addresses the determination of spousal support in the Juvenile and Domestic Relations District Court.

If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 28% of the payor spouse's monthly gross income and 58% of the payee spouse's monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 30% of the payor spouse's monthly gross income and 50% of the payee spouse's monthly gross income. ³²

11.502 Guidelines for Spousal Support.

A. Court's Authority. Va. Code § 20-107.1 authorizes the court to award spousal support and delineates factors to be considered in the determination.

In determining whether to award spousal support, the court must consider "the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95." ³³

In determining the nature, amount and duration of a spousal support award, the court considers the following factors, which are enumerated in Va. Code § 20-107.1(E):

1.	The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, 34 of whatever nature;
2.	The standard of living established during the marriage;

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3.	The duration of the marriage;
4.	The age and physical and mental condition of the parties and any special circumstances of the family;
5.	The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6.	The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7.	The property interests of the parties, both real and personal, tangible and intangible;
8.	The provisions made with regard to the marital property under [Va. Code] § 20-107.3;
9.	The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10.	The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills

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