Spousal support is not automatic when you file for divorce in Virginia. Judges in Arlington Circuit Court review 13 specific factors under state law to decide if support is fair, how much money you should receive or pay and how long payments last.
The 13 statutory factors under Virginia law
State law requires judges to review a full list of financial details before making a decision. While courts check all 13 factors, several main items carry the most weight:
- Current income, overall earning capacity and separate property of each person
- The standard of living established during the marriage
- Age, physical condition and mental health of both spouses
- Tax results associated with support payments
Reviewing these points gives judges a complete picture of your household finances.
Income gaps and individual earning capacity
Courts inspect bank accounts, tax returns, health coverage costs and job background. When one person earns much more money, monthly support payments balance that gap. Judges review specific job factors:
- College degrees, trade certificates and job training
- Years spent away from work to care for children or run the home
- Local job openings for people with similar skills
Reviewing these work details establishes a fair starting point for monthly bills.
Marital lifestyle and non-monetary home contributions
Virginia law orders judges to examine how you lived while you were together. The court checks housing costs, monthly expenses and savings habits to calculate support. Unpaid work inside the home carries real weight in court decisions:
- Daily care for children and general house management
- Career sacrifices made so your spouse could finish school or grow a business
- Direct financial support given to buy family property
Recognizing these home contributions guarantees that unpaid family work receives proper financial credit.
Protect your legal rights and financial future
Marital fault can prevent a person from getting support entirely. Under state law, adultery acts as a strict bar to spousal support, unless clear proof shows that withholding support causes severe unfairness.
Spousal support outcomes change your financial future for many years. Gathering pay stubs, tax records and monthly bill receipts helps you build strong proof for court. Speaking with a family law attorney gives you clear answers about how Virginia support rules apply to your life.
