{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-103.html"}],"law_id":84768,"edition_id":1,"section_id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","history":"Code 1919, \u00a7 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c. 740; 1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879, 884; 1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732; 2007, c. 205; 2009, c. 713; 2011, c. 687; 2014, c. 55; 2015, cc. 653, 654; 2016, c. 352; 2020, c. 651; 2022, c. 527; 2023, c. 17.","full_text":"A\n\nIn suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with § 20-108.2, for any child of the parties to whom a duty of support is owed and to pay or continue to pay support for any child over the age of 18 who meets the requirements set forth in subsection C of § 20-124.2, (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, (viii) to compel either spouse to give security to abide such decree, or (ix)(a) to compel a party to maintain any existing policy owned by that party insuring the life of either party or to require a party to name as a beneficiary of the policy the other party or an appropriate person for the exclusive use and benefit of the minor children of the parties and (b) to allocate the premium cost of such life insurance between the parties, provided that all premiums are billed to the policyholder. Nothing in clause (ix) shall be construed to create an independent cause of action on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia, except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding.A1\n\nAny award or order made by the court pursuant to subsection A 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.A2\n\nIn any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to § 16.1-244 and no final support order has been entered, any award for child support or spousal support in the circuit court pursuant to subsection A shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent.B\n\nIn addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.C\n\nIn cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit.D\n\nOrders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.E\n\nThere shall be a presumption in any judicial proceeding for pendente lite spousal support and maintenance under this section that the amount of the award that would result from the application of the formula set forth in this section is the correct amount of spousal support to be awarded. The court may deviate from the presumptive amount as provided in subsection H.F\n\nIf the court is determining both an award of pendente lite spousal support and maintenance and an award of child support, the court shall first make a determination of the amount of the award of pendente lite spousal support, if any, owed by one party to the other under this section.G\n\nIf 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 26 percent of the payor spouse’s monthly gross income and 58 percent 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 27 percent of the payor spouse’s monthly gross income and 50 percent of the payee spouse’s monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2.H\n\nThe court may deviate from the presumptive amount for good cause shown, including any relevant evidence relating to the parties’ current financial circumstances or the impact of any tax exemption and any credits resulting from such exemptions that indicates the presumptive amount is inappropriate.I\n\nThe presumptive formula set forth in this section shall only apply to cases where the parties’ combined monthly gross income does not exceed $10,000.J\n\nAn order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause.","order_by":null,"text":{"0":{"id":303739,"text":"In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with § 20-108.2, for any child of the parties to whom a duty of support is owed and to pay or continue to pay support for any child over the age of 18 who meets the requirements set forth in subsection C of § 20-124.2, (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, (viii) to compel either spouse to give security to abide such decree, or (ix)(a) to compel a party to maintain any existing policy owned by that party insuring the life of either party or to require a party to name as a beneficiary of the policy the other party or an appropriate person for the exclusive use and benefit of the minor children of the parties and (b) to allocate the premium cost of such life insurance between the parties, provided that all premiums are billed to the policyholder. Nothing in clause (ix) shall be construed to create an independent cause of action on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia, except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":303740,"text":"Any award or order made by the court pursuant to subsection A 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.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":303741,"text":"In any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to § 16.1-244 and no final support order has been entered, any award for child support or spousal support in the circuit court pursuant to subsection A shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent.","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":303742,"text":"In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":303743,"text":"In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":303744,"text":"Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":303745,"text":"There shall be a presumption in any judicial proceeding for pendente lite spousal support and maintenance under this section that the amount of the award that would result from the application of the formula set forth in this section is the correct amount of spousal support to be awarded. The court may deviate from the presumptive amount as provided in subsection H.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":303746,"text":"If the court is determining both an award of pendente lite spousal support and maintenance and an award of child support, the court shall first make a determination of the amount of the award of pendente lite spousal support, if any, owed by one party to the other under this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":303747,"text":"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 26 percent of the payor spouse’s monthly gross income and 58 percent 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 27 percent of the payor spouse’s monthly gross income and 50 percent of the payee spouse’s monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":303748,"text":"The court may deviate from the presumptive amount for good cause shown, including any relevant evidence relating to the parties’ current financial circumstances or the impact of any tax exemption and any credits resulting from such exemptions that indicates the presumptive amount is inappropriate.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":303749,"text":"The presumptive formula set forth in this section shall only apply to cases where the parties’ combined monthly gross income does not exceed $10,000.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":303750,"text":"An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":12712,"edition_id":1,"name":"Divorce, Affirmation and Annulment","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178931,"object_type":"structure","relational_id":12712,"identifier":"6","token":"20\/6","url":"\/20\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69694,"structure_id":12712,"section_number":"20-100","catch_line":"Repealed","url":"\/20-100\/","token":"20\/6\/20-100","metadata":false},{"id":85663,"structure_id":12712,"section_number":"20-101","catch_line":"Repealed","url":"\/20-101\/","token":"20\/6\/20-101","metadata":false},{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},{"id":86285,"structure_id":12712,"section_number":"20-105","catch_line":"Permissible form for orders of publication","url":"\/20-105\/","token":"20\/6\/20-105","metadata":false},{"id":72909,"structure_id":12712,"section_number":"20-105.1","catch_line":"Alternative procedures","url":"\/20-105.1\/","token":"20\/6\/20-105.1","metadata":false},{"id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; evidence by affidavit","url":"\/20-106\/","token":"20\/6\/20-106","metadata":false},{"id":66535,"structure_id":12712,"section_number":"20-107","catch_line":"Repealed","url":"\/20-107\/","token":"20\/6\/20-107","metadata":false},{"id":72435,"structure_id":12712,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","url":"\/20-107.1\/","token":"20\/6\/20-107.1","metadata":false},{"id":60714,"structure_id":12712,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","url":"\/20-107.1_1\/","token":"20\/6\/20-107.1_1","metadata":false},{"id":59975,"structure_id":12712,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","url":"\/20-107.2\/","token":"20\/6\/20-107.2","metadata":false},{"id":69531,"structure_id":12712,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","url":"\/20-107.3\/","token":"20\/6\/20-107.3","metadata":false},{"id":75906,"structure_id":12712,"section_number":"20-108","catch_line":"Revision and alteration of such decrees","url":"\/20-108\/","token":"20\/6\/20-108","metadata":false},{"id":86162,"structure_id":12712,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","url":"\/20-108.1\/","token":"20\/6\/20-108.1","metadata":false},{"id":78437,"structure_id":12712,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","url":"\/20-108.2\/","token":"20\/6\/20-108.2","metadata":false},{"id":53938,"structure_id":12712,"section_number":"20-109","catch_line":"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement","url":"\/20-109\/","token":"20\/6\/20-109","metadata":false},{"id":73881,"structure_id":12712,"section_number":"20-109.1","catch_line":"Affirmation, ratification and incorporation by reference in decree of agreement between parties","url":"\/20-109.1\/","token":"20\/6\/20-109.1","metadata":false},{"id":78343,"structure_id":12712,"section_number":"20-110","catch_line":"Maintenance and support for a spouse to cease on remarriage","url":"\/20-110\/","token":"20\/6\/20-110","metadata":false},{"id":56256,"structure_id":12712,"section_number":"20-111","catch_line":"Decree of divorce from bond of matrimony extinguishes contingent property rights","url":"\/20-111\/","token":"20\/6\/20-111","metadata":false},{"id":79932,"structure_id":12712,"section_number":"20-111.1","catch_line":"Revocation of death benefits by divorce or annulment","url":"\/20-111.1\/","token":"20\/6\/20-111.1","metadata":false},{"id":80489,"structure_id":12712,"section_number":"20-112","catch_line":"Notice when proceedings reopened","url":"\/20-112\/","token":"20\/6\/20-112","metadata":false},{"id":66604,"structure_id":12712,"section_number":"20-113","catch_line":"Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance","url":"\/20-113\/","token":"20\/6\/20-113","metadata":false},{"id":73222,"structure_id":12712,"section_number":"20-114","catch_line":"Recognizance for compliance with order or decree","url":"\/20-114\/","token":"20\/6\/20-114","metadata":false},{"id":66046,"structure_id":12712,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","url":"\/20-115\/","token":"20\/6\/20-115","metadata":false},{"id":54704,"structure_id":12712,"section_number":"20-116","catch_line":"Effect of divorce from bed and board and what court may decree","url":"\/20-116\/","token":"20\/6\/20-116","metadata":false},{"id":82954,"structure_id":12712,"section_number":"20-117","catch_line":"Divorce from bond of matrimony after divorce from bed and board","url":"\/20-117\/","token":"20\/6\/20-117","metadata":false},{"id":79255,"structure_id":12712,"section_number":"20-118","catch_line":"Prohibition of remarriage pending appeal from divorce decree; certain marriages validated","url":"\/20-118\/","token":"20\/6\/20-118","metadata":false},{"id":84439,"structure_id":12712,"section_number":"20-119","catch_line":"Repealed","url":"\/20-119\/","token":"20\/6\/20-119","metadata":false},{"id":83952,"structure_id":12712,"section_number":"20-120","catch_line":"Revocation of decree from bed and board","url":"\/20-120\/","token":"20\/6\/20-120","metadata":false},{"id":82889,"structure_id":12712,"section_number":"20-121","catch_line":"Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony","url":"\/20-121\/","token":"20\/6\/20-121","metadata":false},{"id":71713,"structure_id":12712,"section_number":"20-121.01","catch_line":"Decree of divorce from bonds of matrimony without decree from bed and board","url":"\/20-121.01\/","token":"20\/6\/20-121.01","metadata":false},{"id":86231,"structure_id":12712,"section_number":"20-121.02","catch_line":"Decree of divorce without amended bill or amended cross-bill","url":"\/20-121.02\/","token":"20\/6\/20-121.02","metadata":false},{"id":59482,"structure_id":12712,"section_number":"20-121.03","catch_line":"Identifying information confidential; separate addendum","url":"\/20-121.03\/","token":"20\/6\/20-121.03","metadata":false},{"id":72590,"structure_id":12712,"section_number":"20-121.1","catch_line":"Reinstatement of suit","url":"\/20-121.1\/","token":"20\/6\/20-121.1","metadata":false},{"id":80991,"structure_id":12712,"section_number":"20-121.2","catch_line":"Validation of absolute divorce granted where no decree from bed and board","url":"\/20-121.2\/","token":"20\/6\/20-121.2","metadata":false},{"id":82422,"structure_id":12712,"section_number":"20-121.3","catch_line":"Validation of certain divorces granted prior to April 23, 1962","url":"\/20-121.3\/","token":"20\/6\/20-121.3","metadata":false},{"id":62175,"structure_id":12712,"section_number":"20-121.4","catch_line":"Restoration of former name","url":"\/20-121.4\/","token":"20\/6\/20-121.4","metadata":false},{"id":68639,"structure_id":12712,"section_number":"20-122","catch_line":"Advertising offer to obtain divorces","url":"\/20-122\/","token":"20\/6\/20-122","metadata":false},{"id":65664,"structure_id":12712,"section_number":"20-123","catch_line":"Repealed","url":"\/20-123\/","token":"20\/6\/20-123","metadata":false},{"id":82012,"structure_id":12712,"section_number":"20-124","catch_line":"Sequestration of record","url":"\/20-124\/","token":"20\/6\/20-124","metadata":false},{"id":72384,"structure_id":12712,"section_number":"20-89","catch_line":"Repealed","url":"\/20-89\/","token":"20\/6\/20-89","metadata":false},{"id":78456,"structure_id":12712,"section_number":"20-89.1","catch_line":"Suit to annul marriage","url":"\/20-89.1\/","token":"20\/6\/20-89.1","metadata":false},{"id":77176,"structure_id":12712,"section_number":"20-90","catch_line":"Suit to affirm marriage","url":"\/20-90\/","token":"20\/6\/20-90","metadata":false},{"id":82064,"structure_id":12712,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","url":"\/20-91\/","token":"20\/6\/20-91","metadata":false},{"id":72418,"structure_id":12712,"section_number":"20-92","catch_line":"Repealed","url":"\/20-92\/","token":"20\/6\/20-92","metadata":false},{"id":70318,"structure_id":12712,"section_number":"20-93","catch_line":"Insanity of guilty party after commencement of desertion no defense","url":"\/20-93\/","token":"20\/6\/20-93","metadata":false},{"id":54956,"structure_id":12712,"section_number":"20-94","catch_line":"Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years","url":"\/20-94\/","token":"20\/6\/20-94","metadata":false},{"id":84107,"structure_id":12712,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","url":"\/20-95\/","token":"20\/6\/20-95","metadata":false},{"id":78621,"structure_id":12712,"section_number":"20-96","catch_line":"Jurisdiction of suits for annulment, affirmance or divorce","url":"\/20-96\/","token":"20\/6\/20-96","metadata":false},{"id":71732,"structure_id":12712,"section_number":"20-96.1","catch_line":"Repealed","url":"\/20-96.1\/","token":"20\/6\/20-96.1","metadata":false},{"id":84801,"structure_id":12712,"section_number":"20-97","catch_line":"Domicile and residential requirements for suits for annulment, affirmance, or divorce","url":"\/20-97\/","token":"20\/6\/20-97","metadata":false},{"id":87223,"structure_id":12712,"section_number":"20-98","catch_line":"Repealed","url":"\/20-98\/","token":"20\/6\/20-98","metadata":false},{"id":58423,"structure_id":12712,"section_number":"20-99","catch_line":"How such suits instituted and conducted; costs","url":"\/20-99\/","token":"20\/6\/20-99","metadata":false},{"id":73767,"structure_id":12712,"section_number":"20-99.1","catch_line":"Repealed","url":"\/20-99.1\/","token":"20\/6\/20-99.1","metadata":false},{"id":84506,"structure_id":12712,"section_number":"20-99.1:1","catch_line":"How defendant may accept service; waive service","url":"\/20-99.1_1\/","token":"20\/6\/20-99.1_1","metadata":false},{"id":64766,"structure_id":12712,"section_number":"20-99.2","catch_line":"Service in divorce and annulment cases","url":"\/20-99.2\/","token":"20\/6\/20-99.2","metadata":false}],"previous_section":{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},"next_section":{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-103\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 22 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 644; in 1982, chapter 306; in 1983, chapter 253; in 1989, chapter 740; in 1991, chapter 60; in 1994, chapters 518<\/a> and 769<\/a>; in 1995, chapter 674<\/a>; in 1996, chapters 767<\/a>, 866<\/a>, 879<\/a>, and 884<\/a>; in 1997, chapter 605<\/a>; in 1998, chapter 616<\/a>; in 2000, chapter 586<\/a>; in 2003, chapters 31<\/a> and 45<\/a>; in 2004, chapter 732<\/a>; in 2007, chapter 205<\/a>; in 2009, chapter 713<\/a>; in 2011, chapter 687<\/a>; in 2014, chapter 55<\/a>; in 2015, chapters 653<\/a> and 654<\/a>; in 2016, chapter 352<\/a>; in 2020, chapter 651<\/a>; in 2022, chapter 527<\/a>; in 2023, chapter 17<\/a>.<\/p>","references":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":72509,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","order_by":null,"url":"\/18.2-308.1_4\/"},{"id":68255,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","order_by":null,"url":"\/18.2-60.5\/"},{"id":66046,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","order_by":null,"url":"\/20-115\/"},{"id":57103,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","order_by":null,"url":"\/20-124.2\/"},{"id":72356,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","order_by":null,"url":"\/20-124.3\/"},{"id":56123,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","order_by":null,"url":"\/20-78.1\/"},{"id":64307,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","order_by":null,"url":"\/20-79.1\/"},{"id":73723,"section_number":"55.1-1230","catch_line":"Access following entry of certain court orders","order_by":null,"url":"\/55.1-1230\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":60259,"section_number":"16.1-244","catch_line":"Concurrent jurisdiction; exceptions","order_by":null,"url":"\/16.1-244\/"},{"id":78437,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","order_by":null,"url":"\/20-108.2\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":57103,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","order_by":null,"url":"\/20-124.2\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"}],"permalink":{"id":178945,"object_type":"law","relational_id":84768,"identifier":"20-103","token":"20\/6\/20-103","url":"\/20-103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-103\/","token":"20\/6\/20-103","dublin_core":{"Title":"Court may make orders pending suit for divorce, custody or visitation, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In suits for divorce, annulment<\/span> and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241<\/a>, the court<\/span> having jurisdiction<\/span> of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court<\/span>, make any order<\/span> that may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order<\/span> that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order<\/span> that a party<\/span> pay secured or unsecured debts incurred jointly or by either party<\/span>, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse, (iv) to provide for the custody<\/span> and maintenance of the minor<\/span> children of the parties, including an order<\/span> that either party<\/span> or both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with § 20-108.2<\/a>, for any child of the parties to whom a duty of support is owed and to pay or continue to pay support for any child over the age of 18 who meets the requirements set forth in subsection C of § 20-124.2<\/a>, (vi) for the exclusive use and possession<\/span> of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree<\/span> which may be made in the suit, (viii) to compel either spouse to give security to abide such decree<\/span>, or (ix)(a) to compel a party<\/span> to maintain any existing policy owned by that party<\/span> insuring the life of either party<\/span> or to require a party<\/span> to name as a beneficiary of the policy the other party<\/span> or an appropriate person for the exclusive use and benefit of the minor<\/span> children of the parties and (b) to allocate the premium cost of such life insurance between the parties, provided that all premiums are billed to the policyholder. Nothing in clause (ix) shall be construed to create an independent cause of action<\/span> on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder. The parties to any petition<\/span> where a child whose custody<\/span>, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court<\/span> appearance<\/span> or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the Office of the Executive Secretary of the Supreme Court<\/span> of Virginia, except that the court<\/span> may require the parties to attend such seminar or program in uncontested cases only if the court<\/span> finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party<\/span> has completed one educational seminar or other like program, the required completion of additional programs shall be at the court<\/span>’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1<\/a>. The fee charged a party<\/span> for participation in such program shall be based on the party<\/span>’s ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution<\/span> to address custody<\/span>, visitation or support, each party<\/span> shall have attended the educational seminar or other like program. The court<\/span> may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party<\/span> admitting criminal activity or child abuse, no statement or admission by a party<\/span> in such seminar or program shall be admissible<\/span> into evidence<\/span> in any subsequent proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Any award or order<\/span> made by the court<\/span> pursuant to subsection A shall be paid from the post-separation income of the obligor unless the court<\/span>, for good cause shown, orders<\/span> otherwise. Upon the request of either party<\/span>, the court<\/span> may identify and state in such order<\/span> or award the specific source from which the financial obligation imposed is to be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> In any case in which the jurisdiction<\/span> of the juvenile and domestic relations district court<\/span> has been divested pursuant to § 16.1-244<\/a> and no final support order<\/span> has been entered, any award for child support or spousal support in the circuit<\/span> court<\/span> pursuant to subsection A shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court<\/span>, provided that the petitioner exercised due diligence in the service of the respondent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the terms provided in subsection A, upon a showing by a party<\/span> of reasonable apprehension of physical harm to that party<\/span> by such party<\/span>’s family or household member as that term is defined in § 16.1-228<\/a>, and consistent with rules of the Supreme Court<\/span> of Virginia, the court<\/span> may enter an order<\/span> excluding that party<\/span>’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order<\/span> is entered under this paragraph, pursuant to an ex parte<\/span> hearing<\/span>, the order<\/span> shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order<\/span> is served, in person, upon the person so excluded. The order<\/span> may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion<\/span> in the clerk’s office requesting a hearing<\/span> to dissolve or modify the order<\/span>. Nothing in this section shall be construed to prohibit the court<\/span> from extending an order<\/span> entered under this subsection for such longer period of time as is deemed appropriate, after a hearing<\/span> on notice to the parties. If the party<\/span> subject to the order<\/span> fails to appear at this hearing<\/span>, the court<\/span> may extend the order<\/span> for a period not to exceed six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases other than those for divorce in which a custody<\/span> or visitation arrangement for a minor<\/span> child is sought, the court<\/span> may enter an order<\/span> providing for custody<\/span>, visitation or maintenance pending the suit as provided in subsection A. The order<\/span> shall be directed to either parent or any person with a legitimate interest who is a party<\/span> to the suit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Orders<\/span> entered pursuant to this section which provide for custody<\/span> or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1<\/a> et seq.). Orders<\/span> entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order<\/span> and other appropriate information required by the Department of State Police into the Virginia crime<\/span> information network system established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52. If the order<\/span> is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> There shall be a presumption<\/span> in any judicial proceeding for pendente lite<\/span> spousal support and maintenance under this section that the amount of the award that would result from the application of the formula set forth in this section is the correct amount of spousal support to be awarded. The court<\/span> may deviate from the presumptive amount as provided in subsection H. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the court<\/span> is determining both an award of pendente lite<\/span> spousal support and maintenance and an award of child support, the court<\/span> shall first make a determination of the amount of the award of pendente lite<\/span> spousal support, if any, owed by one party<\/span> to the other under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the parties have minor<\/span> children in common, the presumptive amount of an award of pendente lite<\/span> spousal support and maintenance shall be the difference between 26 percent of the payor spouse’s monthly gross income and 58 percent of the payee spouse’s monthly gross income. If the parties have no minor<\/span> children in common, the presumptive amount of the award shall be the difference between 27 percent of the payor spouse’s monthly gross income and 50 percent of the payee spouse’s monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The court<\/span> may deviate from the presumptive amount for good cause shown, including any relevant evidence<\/span> relating to the parties’ current financial circumstances or the impact of any tax exemption and any credits resulting from such exemptions that indicates the presumptive amount is inappropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The presumptive formula set forth in this section shall only apply to cases where the parties’ combined monthly gross income does not exceed $10,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> An order<\/span> entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT MAY MAKE ORDERS PENDING SUIT FOR DIVORCE, CUSTODY OR VISITATION, ETC (\u00a7\n20-103)\n\nA. In suits for divorce, annulment and separate maintenance, and in proceedings\narising under subdivision A 3 or subsection L of § 16.1-241, the court\nhaving jurisdiction of the matter may, at any time pending a suit pursuant to\nthis chapter, in the discretion of such court, make any order that may be proper\n(i) to compel a spouse to pay any sums necessary for the maintenance and support\nof the petitioning spouse, including (a) an order that the other spouse provide\nhealth care coverage for the petitioning spouse, unless it is shown that such\ncoverage cannot be obtained, or (b) an order that a party pay secured or\nunsecured debts incurred jointly or by either party, (ii) to enable such spouse\nto carry on the suit, (iii) to prevent either spouse from imposing any restraint\non the personal liberty of the other spouse, (iv) to provide for the custody and\nmaintenance of the minor children of the parties, including an order that either\nparty or both parties provide health care coverage or cash medical support, or\nboth, for the children, (v) to provide support, calculated in accordance with\n§ 20-108.2, for any child of the parties to whom a duty of support is owed\nand to pay or continue to pay support for any child over the age of 18 who meets\nthe requirements set forth in subsection C of § 20-124.2, (vi) for the\nexclusive use and possession of the family residence during the pendency of the\nsuit, (vii) to preserve the estate of either spouse, so that it be forthcoming\nto meet any decree which may be made in the suit, (viii) to compel either spouse\nto give security to abide such decree, or (ix)(a) to compel a party to maintain\nany existing policy owned by that party insuring the life of either party or to\nrequire a party to name as a beneficiary of the policy the other party or an\nappropriate person for the exclusive use and benefit of the minor children of\nthe parties and (b) to allocate the premium cost of such life insurance between\nthe parties, provided that all premiums are billed to the policyholder. Nothing\nin clause (ix) shall be construed to create an independent cause of action on\nthe part of any beneficiary against the insurer or to require an insurer to\nprovide information relating to such policy to any person other than the\npolicyholder without the written consent of the policyholder. The parties to any\npetition where a child whose custody, visitation, or support is contested shall\nshow proof that they have attended within the 12 months prior to their court\nappearance or that they shall attend within 45 days thereafter an educational\nseminar or other like program conducted by a qualified person or organization\napproved by the Office of the Executive Secretary of the Supreme Court of\nVirginia, except that the court may require the parties to attend such seminar\nor program in uncontested cases only if the court finds good cause. The seminar\nor other program shall be a minimum of four hours in length and shall address\nthe effects of separation or divorce on children, parenting responsibilities,\noptions for conflict resolution and financial responsibilities. Once a party has\ncompleted one educational seminar or other like program, the required completion\nof additional programs shall be at the court’s discretion. Parties under\nthis section shall include natural or adoptive parents of the child, or any\nperson with a legitimate interest as defined in § 20-124.1. The fee charged\na party for participation in such program shall be based on the party’s\nability to pay; however, no fee in excess of $50 may be charged. Whenever\npossible, before participating in mediation or alternative dispute resolution to\naddress custody, visitation or support, each party shall have attended the\neducational seminar or other like program. The court may grant an exemption from\nattendance of such program for good cause shown or if there is no program\nreasonably available. Other than statements or admissions by a party admitting\ncriminal activity or child abuse, no statement or admission by a party in such\nseminar or program shall be admissible into evidence in any subsequent\nproceeding.\n\nA1. Any award or order made by the court pursuant to subsection A shall be paid\nfrom the post-separation income of the obligor unless the court, for good cause\nshown, orders otherwise. Upon the request of either party, the court may\nidentify and state in such order or award the specific source from which the\nfinancial obligation imposed is to be paid.\n\nA2. In any case in which the jurisdiction of the juvenile and domestic relations\ndistrict court has been divested pursuant to § 16.1-244 and no final\nsupport order has been entered, any award for child support or spousal support\nin the circuit court pursuant to subsection A shall be retroactive to the date\non which the proceeding was commenced by the filing of the action in the\njuvenile and domestic relations district court, provided that the petitioner\nexercised due diligence in the service of the respondent.\n\nB. In addition to the terms provided in subsection A, upon a showing by a party\nof reasonable apprehension of physical harm to that party by such party’s\nfamily or household member as that term is defined in § 16.1-228, and\nconsistent with rules of the Supreme Court of Virginia, the court may enter an\norder excluding that party’s family or household member from the jointly\nowned or jointly rented family dwelling. In any case where an order is entered\nunder this paragraph, pursuant to an ex parte hearing, the order shall not\nexclude a family or household member from the family dwelling for a period in\nexcess of 15 days from the date the order is served, in person, upon the person\nso excluded. The order may provide for an extension of time beyond the 15 days,\nto become effective automatically. The person served may at any time file a\nwritten motion in the clerk’s office requesting a hearing to dissolve or\nmodify the order. Nothing in this section shall be construed to prohibit the\ncourt from extending an order entered under this subsection for such longer\nperiod of time as is deemed appropriate, after a hearing on notice to the\nparties. If the party subject to the order fails to appear at this hearing, the\ncourt may extend the order for a period not to exceed six months.\n\nC. In cases other than those for divorce in which a custody or visitation\narrangement for a minor child is sought, the court may enter an order providing\nfor custody, visitation or maintenance pending the suit as provided in\nsubsection A. The order shall be directed to either parent or any person with a\nlegitimate interest who is a party to the suit.\n\nD. Orders entered pursuant to this section which provide for custody or\nvisitation arrangements pending the suit shall be made in accordance with the\nstandards set out in Chapter 6.1 (§ 20-124.1 et seq.). Orders entered\npursuant to subsection B shall be certified by the clerk and forwarded as soon\nas possible to the local police department or sheriff’s office which\nshall, on the date of receipt, enter the name of the person subject to the order\nand other appropriate information required by the Department of State Police\ninto the Virginia crime information network system established and maintained by\nthe Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of\nTitle 52. If the order is later dissolved or modified, a copy of the dissolution\nor modification shall also be certified, forwarded and entered in the system as\ndescribed above.\n\nE. There shall be a presumption in any judicial proceeding for pendente lite\nspousal support and maintenance under this section that the amount of the award\nthat would result from the application of the formula set forth in this section\nis the correct amount of spousal support to be awarded. The court may deviate\nfrom the presumptive amount as provided in subsection H.\n\nF. If the court is determining both an award of pendente lite spousal support\nand maintenance and an award of child support, the court shall first make a\ndetermination of the amount of the award of pendente lite spousal support, if\nany, owed by one party to the other under this section.\n\nG. If the parties have minor children in common, the presumptive amount of an\naward of pendente lite spousal support and maintenance shall be the difference\nbetween 26 percent of the payor spouse’s monthly gross income and 58\npercent of the payee spouse’s monthly gross income. If the parties have no\nminor children in common, the presumptive amount of the award shall be the\ndifference between 27 percent of the payor spouse’s monthly gross income\nand 50 percent of the payee spouse’s monthly gross income. For the\npurposes of this section, monthly gross income shall have the same meaning as it\ndoes in section § 20-108.2.\n\nH. The court may deviate from the presumptive amount for good cause shown,\nincluding any relevant evidence relating to the parties’ current financial\ncircumstances or the impact of any tax exemption and any credits resulting from\nsuch exemptions that indicates the presumptive amount is inappropriate.\n\nI. The presumptive formula set forth in this section shall only apply to cases\nwhere the parties’ combined monthly gross income does not exceed $10,000.\n\nJ. An order entered pursuant to this section shall have no presumptive effect\nand shall not be determinative when adjudicating the underlying cause.\n\nHISTORY: Code 1919, \u00a7 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c.\n740; 1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879,\n884; 1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732;\n2007, c. 205; 2009, c. 713; 2011, c. 687; 2014, c. 55; 2015, cc. 653, 654; 2016,\nc. 352; 2020, c. 651; 2022, c. 527; 2023, c. 17.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}