{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-107.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-107.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-107.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-107.1.html"}],"law_id":72435,"edition_id":1,"section_id":72435,"structure_id":12712,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","history":"1982, c. 309; 1984, c. 456; 1988, c. 620; 1994, c. 518; 1998, c. 604; 2003, c. 625; 2016, cc. 477, 615; 2018, c. 583; 2020, cc. 196, 1227, 1246; 2024, c. 51.","full_text":"A\n\nPursuant to any proceeding arising under subsection L of &#xA7; 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses, notwithstanding a party&#8217;s failure to prove his grounds for divorce, provided that a claim for support has been properly pled by the party seeking support. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.B\n\nAny maintenance and support shall be subject to the provisions of &#xA7; 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse&#8217;s favor a ground of divorce under the provisions of subdivision A (1) of &#xA7; 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.C\n\nThe court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.D\n\nIn addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification. Unless otherwise provided by stipulation or contract executed on or after July 1, 2020, or unless otherwise ordered by the court on or after July 1, 2020, a party seeking to exercise his right to support so reserved shall be required to prove a material change of circumstances as a prerequisite for the court to consider exercise of such reservation.E\n\nThe court, in determining whether to award support and maintenance for a spouse, shall 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 A (3) or (6) of \u00a7 20-91 or \u00a7 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:1\n\nThe obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;2\n\nThe standard of living established during the marriage;3\n\nThe duration of the marriage;4\n\nThe age and physical and mental condition of the parties and any special circumstances of the family;5\n\nThe 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\n\nThe contributions, monetary and nonmonetary, of each party to the well-being of the family;7\n\nThe property interests of the parties, both real and personal, tangible and intangible;8\n\nThe provisions made with regard to the marital property under &#xA7; 20-107.3;9\n\nThe earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;10\n\nThe 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 needed to enhance his earning ability;11\n\nThe decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;12\n\nThe extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and13\n\nSuch other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.F\n\nIn contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court&#8217;s order. Any order granting or reserving any request for spousal support shall state whether the retirement of either party was contemplated by the court and specifically considered by the court in making its award, and, if so, the order shall state the facts the court contemplated and specifically considered as to the retirement of the party. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.G\n\nFor purposes of this section and &#xA7; 20-109, &#8220;date of separation&#8221; means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and &#8220;defined duration&#8221; means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to &#xA7; 20-110.H\n\nWhere there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:1\n\nIf known, the name, date of birth, and social security number of each party and, unless otherwise ordered, each party&#8217;s residential and, if different, mailing address, residential and employer telephone number, and number appearing on a driver&#8217;s license or other document issued under Chapter 3 (&#xA7; 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, and the name and address of each party&#8217;s employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;2\n\nThe amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;3\n\nA statement as to whether there is an order for health care coverage for a party;4\n\nIf support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;5\n\nIf support overages exist, (i) to whom an overage is owed and the amount of the overage, (ii) the period of time for which such overage is calculated, and (iii) how such overage is to be paid;6\n\nIf spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days&#8217; written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and7\n\nNotice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law.","order_by":null,"text":{"0":{"id":260894,"text":"Pursuant to any proceeding arising under subsection L of &#xA7; 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses, notwithstanding a party&#8217;s failure to prove his grounds for divorce, provided that a claim for support has been properly pled by the party seeking support. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260895,"text":"Any maintenance and support shall be subject to the provisions of &#xA7; 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse&#8217;s favor a ground of divorce under the provisions of subdivision A (1) of &#xA7; 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260896,"text":"The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260897,"text":"In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification. Unless otherwise provided by stipulation or contract executed on or after July 1, 2020, or unless otherwise ordered by the court on or after July 1, 2020, a party seeking to exercise his right to support so reserved shall be required to prove a material change of circumstances as a prerequisite for the court to consider exercise of such reservation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":260898,"text":"The court, in determining whether to award support and maintenance for a spouse, shall 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 A (3) or (6) of \u00a7 20-91 or \u00a7 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":260899,"text":"The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":260900,"text":"The standard of living established during the marriage;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":260901,"text":"The duration of the marriage;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":260902,"text":"The age and physical and mental condition of the parties and any special circumstances of the family;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":260903,"text":"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;","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"10":{"id":260904,"text":"The contributions, monetary and nonmonetary, of each party to the well-being of the family;","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"11":{"id":260905,"text":"The property interests of the parties, both real and personal, tangible and intangible;","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"E8"},"12":{"id":260906,"text":"The provisions made with regard to the marital property under &#xA7; 20-107.3;","type":"section","prefixes":["E","8"],"prefix":"8","entire_prefix":"E8","prefix_anchor":"E8","level":2,"prior_prefix":"E7","next_prefix":"E9"},"13":{"id":260907,"text":"The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;","type":"section","prefixes":["E","9"],"prefix":"9","entire_prefix":"E9","prefix_anchor":"E9","level":2,"prior_prefix":"E8","next_prefix":"E10"},"14":{"id":260908,"text":"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 needed to enhance his earning ability;","type":"section","prefixes":["E","10"],"prefix":"10","entire_prefix":"E10","prefix_anchor":"E10","level":2,"prior_prefix":"E9","next_prefix":"E11"},"15":{"id":260909,"text":"The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;","type":"section","prefixes":["E","11"],"prefix":"11","entire_prefix":"E11","prefix_anchor":"E11","level":2,"prior_prefix":"E10","next_prefix":"E12"},"16":{"id":260910,"text":"The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and","type":"section","prefixes":["E","12"],"prefix":"12","entire_prefix":"E12","prefix_anchor":"E12","level":2,"prior_prefix":"E11","next_prefix":"E13"},"17":{"id":260911,"text":"Such other factors, including the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.","type":"section","prefixes":["E","13"],"prefix":"13","entire_prefix":"E13","prefix_anchor":"E13","level":2,"prior_prefix":"E12","next_prefix":"F"},"18":{"id":260912,"text":"In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court&#8217;s order. Any order granting or reserving any request for spousal support shall state whether the retirement of either party was contemplated by the court and specifically considered by the court in making its award, and, if so, the order shall state the facts the court contemplated and specifically considered as to the retirement of the party. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E13","next_prefix":"G"},"19":{"id":260913,"text":"For purposes of this section and &#xA7; 20-109, &#8220;date of separation&#8221; means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and &#8220;defined duration&#8221; means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to &#xA7; 20-110.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"20":{"id":260914,"text":"Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"21":{"id":260915,"text":"If known, the name, date of birth, and social security number of each party and, unless otherwise ordered, each party&#8217;s residential and, if different, mailing address, residential and employer telephone number, and number appearing on a driver&#8217;s license or other document issued under Chapter 3 (&#xA7; 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, and the name and address of each party&#8217;s employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"22":{"id":260916,"text":"The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"23":{"id":260917,"text":"A statement as to whether there is an order for health care coverage for a party;","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"24":{"id":260918,"text":"If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages;","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"H5"},"25":{"id":260919,"text":"If support overages exist, (i) to whom an overage is owed and the amount of the overage, (ii) the period of time for which such overage is calculated, and (iii) how such overage is to be paid;","type":"section","prefixes":["H","5"],"prefix":"5","entire_prefix":"H5","prefix_anchor":"H5","level":2,"prior_prefix":"H4","next_prefix":"H6"},"26":{"id":260920,"text":"If spousal support payments are ordered to be paid directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court at least 30 days&#8217; written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and","type":"section","prefixes":["H","6"],"prefix":"6","entire_prefix":"H6","prefix_anchor":"H6","level":2,"prior_prefix":"H5","next_prefix":"H7"},"27":{"id":260921,"text":"Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law.","type":"section","prefixes":["H","7"],"prefix":"7","entire_prefix":"H7","prefix_anchor":"H7","level":2,"prior_prefix":"H6"}},"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":66535,"structure_id":12712,"section_number":"20-107","catch_line":"Repealed","url":"\/20-107\/","token":"20\/6\/20-107","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-107.1\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 309 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1984, chapter 456; in 1988, chapter 620; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0518\">518<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0604\">604<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0625\">625<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0477\">477<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0615\">615<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0583\">583<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0196\">196<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1227\">1227<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1246\">1246<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0051\">51<\/a>.<\/p>","references":[{"id":60714,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","order_by":null,"url":"\/20-107.1_1\/"},{"id":53938,"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","order_by":null,"url":"\/20-109\/"},{"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":57756,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","order_by":null,"url":"\/20-78.2\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":69531,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","order_by":null,"url":"\/20-107.3\/"},{"id":53938,"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","order_by":null,"url":"\/20-109\/"},{"id":82064,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","order_by":null,"url":"\/20-91\/"},{"id":84107,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","order_by":null,"url":"\/20-95\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"}],"permalink":{"id":178973,"object_type":"law","relational_id":72435,"identifier":"20-107.1","token":"20\/6\/20-107.1","url":"\/20-107.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-107.1\/","token":"20\/6\/20-107.1","dublin_core":{"Title":"Court may decree as to maintenance and support of spouses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-107.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Pursuant to any proceeding arising under subsection L of &#xA7; <a class=\"law\" title=\"Jurisdiction; consent for abortion\" href=\"\/16.1-241\/\">16.1-241<\/a> or upon the entry of a <span class=\"dictionary\">decree<\/span> providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the <span class=\"dictionary\">bond<\/span> of matrimony or from bed and board, (iii) that neither <span class=\"dictionary\">party<\/span> is entitled to a divorce, or (iv) for separate maintenance, the <span class=\"dictionary\">court<\/span> may make such further <span class=\"dictionary\">decree<\/span> as it shall deem expedient concerning the maintenance and support of the spouses, notwithstanding a <span class=\"dictionary\">party<\/span>&#8217;s failure to prove his grounds for divorce, provided that a claim for support has been properly pled by the <span class=\"dictionary\">party<\/span> seeking support. However, the <span class=\"dictionary\">court<\/span> shall have no authority to <span class=\"dictionary\">decree<\/span> maintenance and support payable by the estate of a deceased spouse. <a id=\"paragraph-260894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any maintenance and support shall be subject to the provisions of &#xA7; <a class=\"law\" title=\"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\" href=\"\/20-109\/\">20-109<\/a>, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse&#8217;s favor a ground of divorce under the provisions of subdivision A (1) of &#xA7; <a class=\"law\" title=\"Grounds for divorce from bond of matrimony; contents of decree\" href=\"\/20-91\/\">20-91<\/a>. However, the <span class=\"dictionary\">court<\/span> may make such an award notwithstanding the existence of such ground if the <span class=\"dictionary\">court<\/span> determines from clear and convincing <span class=\"dictionary\">evidence<\/span>, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties. <a id=\"paragraph-260895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">court<\/span>, in its discretion, may <span class=\"dictionary\">decree<\/span> that maintenance and support of a spouse be made in periodic payments for a <span class=\"dictionary\">defined duration<\/span>, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof. <a id=\"paragraph-260896\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> In addition to or in lieu of an award pursuant to subsection C, the <span class=\"dictionary\">court<\/span> may reserve the right of a <span class=\"dictionary\">party<\/span> to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable <span class=\"dictionary\">presumption<\/span> that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the <span class=\"dictionary\">date of separation<\/span>. Once granted, the duration of such a reservation shall not be subject to modification. Unless otherwise provided by <span class=\"dictionary\">stipulation<\/span> or <span class=\"dictionary\">contract<\/span> executed on or after July 1, 2020, or unless otherwise ordered by the <span class=\"dictionary\">court<\/span> on or after July 1, 2020, a <span class=\"dictionary\">party<\/span> seeking to exercise his right to support so reserved shall be required to prove a <span class=\"dictionary\">material<\/span> change of circumstances as a prerequisite for the <span class=\"dictionary\">court<\/span> to consider exercise of such reservation. <a id=\"paragraph-260897\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">court<\/span>, in determining whether to award support and maintenance for a spouse, shall 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 A (3) or (6) of \u00a7&nbsp;<a class=\"law\" title=\"Grounds for divorce from bond of matrimony; contents of decree\" href=\"\/20-91\/\">20-91<\/a> or \u00a7&nbsp;<a class=\"law\" title=\"Grounds for divorces from bed and board\" href=\"\/20-95\/\">20-95<\/a>. In determining the nature, amount and duration of an award pursuant to this section, the <span class=\"dictionary\">court<\/span> shall consider the following: <a id=\"paragraph-260898\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; <a id=\"paragraph-260899\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The standard of living established during the marriage; <a id=\"paragraph-260900\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The duration of the marriage; <a id=\"paragraph-260901\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The age and physical and mental condition of the parties and any special circumstances of the family; <a id=\"paragraph-260902\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> 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 <span class=\"dictionary\">party<\/span> not seek employment outside of the home; <a id=\"paragraph-260903\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The contributions, monetary and nonmonetary, of each <span class=\"dictionary\">party<\/span> to the well-being of the family; <a id=\"paragraph-260904\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> The property interests of the parties, both real and personal, tangible and intangible; <a id=\"paragraph-260905\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> The provisions made with regard to the marital property under &#xA7; <a class=\"law\" title=\"Court may decree as to property and debts of the parties\" href=\"\/20-107.3\/\">20-107.3<\/a>; <a id=\"paragraph-260906\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity; <a id=\"paragraph-260907\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> The opportunity for, ability of, and the time and costs involved for a <span class=\"dictionary\">party<\/span> to acquire the appropriate education, training and employment to obtain the skills needed to enhance his earning ability; <a id=\"paragraph-260908\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; <a id=\"paragraph-260909\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E12\" class=\"indent-1\"><p><span class=\"prefix-number\">12.<\/span> The extent to which either <span class=\"dictionary\">party<\/span> has contributed to the attainment of education, training, career position or profession of the other <span class=\"dictionary\">party<\/span>; and <a id=\"paragraph-260910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E13\" class=\"indent-1\"><p><span class=\"prefix-number\">13.<\/span> Such other factors, including the tax consequences to each <span class=\"dictionary\">party<\/span> and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties. <a id=\"paragraph-260911\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#E13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> In contested cases in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">courts<\/span>, any <span class=\"dictionary\">order<\/span> granting, reserving or denying a request for spousal support shall be accompanied by written <span class=\"dictionary\">findings<\/span> and conclusions of the <span class=\"dictionary\">court<\/span> identifying the factors in subsection E which support the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">order<\/span>. Any <span class=\"dictionary\">order<\/span> granting or reserving any request for spousal support shall state whether the retirement of either <span class=\"dictionary\">party<\/span> was contemplated by the <span class=\"dictionary\">court<\/span> and specifically considered by the <span class=\"dictionary\">court<\/span> in making its award, and, if so, the <span class=\"dictionary\">order<\/span> shall state the <span class=\"dictionary\">facts<\/span> the <span class=\"dictionary\">court<\/span> contemplated and specifically considered as to the retirement of the <span class=\"dictionary\">party<\/span>. If the <span class=\"dictionary\">court<\/span> awards periodic support for a <span class=\"dictionary\">defined duration<\/span>, such <span class=\"dictionary\">findings<\/span> shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the <span class=\"dictionary\">court<\/span> which support the award. <a id=\"paragraph-260912\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> For purposes of this section and &#xA7; <a class=\"law\" title=\"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\" href=\"\/20-109\/\">20-109<\/a>, &#8220;<span class=\"dictionary\">date of separation<\/span>&#8221; means the earliest date at which the parties are physically separated and at least one <span class=\"dictionary\">party<\/span> intends such separation to be permanent provided the separation is continuous thereafter and &#8220;<span class=\"dictionary\">defined duration<\/span>&#8221; means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to &#xA7; <a class=\"law\" title=\"Maintenance and support for a spouse to cease on remarriage\" href=\"\/20-110\/\">20-110<\/a>. <a id=\"paragraph-260913\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Where there are no <span class=\"dictionary\">minor<\/span> children whom the parties have a mutual duty to support, an <span class=\"dictionary\">order<\/span> directing the payment of spousal support, including those <span class=\"dictionary\">orders<\/span> confirming separation agreements, entered on or after October 1, 1985, whether they are original <span class=\"dictionary\">orders<\/span> or modifications of existing <span class=\"dictionary\">orders<\/span>, shall contain the following: <a id=\"paragraph-260914\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> If known, the name, date of birth, and social security number of each <span class=\"dictionary\">party<\/span> and, unless otherwise ordered, each <span class=\"dictionary\">party<\/span>&#8217;s residential and, if different, mailing address, residential and employer telephone number, and number appearing on a driver&#8217;s license or other document issued under Chapter 3 (&#xA7; <a class=\"law\" title=\"Driving without license prohibited; penalties\" href=\"\/46.2-300\/\">46.2-300<\/a> et seq.) of Title 46.2 or the comparable <span class=\"dictionary\">law<\/span> of another <span class=\"dictionary\">jurisdiction<\/span>, and the name and address of each <span class=\"dictionary\">party<\/span>&#8217;s employer; however, when a protective <span class=\"dictionary\">order<\/span> has been issued or the <span class=\"dictionary\">court<\/span> otherwise finds reason to believe that a <span class=\"dictionary\">party<\/span> is at risk of physical or emotional harm from the other <span class=\"dictionary\">party<\/span>, information other than the name of the <span class=\"dictionary\">party<\/span> at risk shall not be included in the <span class=\"dictionary\">order<\/span>; <a id=\"paragraph-260915\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The amount of periodic spousal support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due; <a id=\"paragraph-260916\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A statement as to whether there is an <span class=\"dictionary\">order<\/span> for health care coverage for a <span class=\"dictionary\">party<\/span>; <a id=\"paragraph-260917\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current spousal support obligations first, with any payment in excess of the current obligation applied to arrearages; <a id=\"paragraph-260918\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> If support overages exist, (i) to whom an overage is owed and the amount of the overage, (ii) the period of time for which such overage is calculated, and (iii) how such overage is to be paid; <a id=\"paragraph-260919\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> If spousal support payments are ordered to be paid directly to the obligee, and unless the <span class=\"dictionary\">court<\/span> for good cause shown <span class=\"dictionary\">orders<\/span> otherwise, the parties shall give each other and the <span class=\"dictionary\">court<\/span> at least 30 days&#8217; written notice, in advance, of any change of address and any change of telephone number within 30 days after the change; and <a id=\"paragraph-260920\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Notice that in determination of a spousal support obligation, the support obligation as it becomes due and unpaid creates a <span class=\"dictionary\">judgment<\/span> by operation of <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-260921\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-107.1\/#H7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOURT MAY DECREE AS TO MAINTENANCE AND SUPPORT OF SPOUSES (\u00a7 20-107.1)\n\nA. Pursuant to any proceeding arising under subsection L of &#xA7; 16.1-241 or\nupon the entry of a decree providing (i) for the dissolution of a marriage, (ii)\nfor a divorce, whether from the bond of matrimony or from bed and board, (iii)\nthat neither party is entitled to a divorce, or (iv) for separate maintenance,\nthe court may make such further decree as it shall deem expedient concerning the\nmaintenance and support of the spouses, notwithstanding a party&#8217;s failure\nto prove his grounds for divorce, provided that a claim for support has been\nproperly pled by the party seeking support. However, the court shall have no\nauthority to decree maintenance and support payable by the estate of a deceased\nspouse.\n\nB. Any maintenance and support shall be subject to the provisions of &#xA7;\n20-109, and no permanent maintenance and support shall be awarded from a spouse\nif there exists in such spouse&#8217;s favor a ground of divorce under the\nprovisions of subdivision A (1) of &#xA7; 20-91. However, the court may make\nsuch an award notwithstanding the existence of such ground if the court\ndetermines from clear and convincing evidence, that a denial of support and\nmaintenance would constitute a manifest injustice, based upon the respective\ndegrees of fault during the marriage and the relative economic circumstances of\nthe parties.\n\nC. The court, in its discretion, may decree that maintenance and support of a\nspouse be made in periodic payments for a defined duration, or in periodic\npayments for an undefined duration, or in a lump sum award, or in any\ncombination thereof.\n\nD. In addition to or in lieu of an award pursuant to subsection C, the court may\nreserve the right of a party to receive support in the future. In any case in\nwhich the right to support is so reserved, there shall be a rebuttable\npresumption that the reservation will continue for a period equal to 50 percent\nof the length of time between the date of the marriage and the date of\nseparation. Once granted, the duration of such a reservation shall not be\nsubject to modification. Unless otherwise provided by stipulation or contract\nexecuted on or after July 1, 2020, or unless otherwise ordered by the court on\nor after July 1, 2020, a party seeking to exercise his right to support so\nreserved shall be required to prove a material change of circumstances as a\nprerequisite for the court to consider exercise of such reservation.\n\nE. The court, in determining whether to award support and maintenance for a\nspouse, shall consider the circumstances and factors which contributed to the\ndissolution of the marriage, specifically including adultery and any other\nground for divorce under the provisions of subdivision A (3) or (6) of \u00a7 20-91\nor \u00a7 20-95. In determining the nature, amount and duration of an award pursuant\nto this section, the court shall consider the following:\n\n   1. The obligations, needs and financial resources of the parties, including\n   but not limited to income from all pension, profit sharing or retirement\n   plans, of whatever nature;\n\n   2. The standard of living established during the marriage;\n\n   3. The duration of the marriage;\n\n   4. The age and physical and mental condition of the parties and any special\n   circumstances of the family;\n\n   5. The extent to which the age, physical or mental condition or special\n   circumstances of any child of the parties would make it appropriate that a\n   party not seek employment outside of the home;\n\n   6. The contributions, monetary and nonmonetary, of each party to the\n   well-being of the family;\n\n   7. The property interests of the parties, both real and personal, tangible and\n   intangible;\n\n   8. The provisions made with regard to the marital property under &#xA7;\n   20-107.3;\n\n   9. The earning capacity, including the skills, education and training of the\n   parties and the present employment opportunities for persons possessing such\n   earning capacity;\n\n   10. The opportunity for, ability of, and the time and costs involved for a\n   party to acquire the appropriate education, training and employment to obtain\n   the skills needed to enhance his earning ability;\n\n   11. The decisions regarding employment, career, economics, education and\n   parenting arrangements made by the parties during the marriage and their\n   effect on present and future earning potential, including the length of time\n   one or both of the parties have been absent from the job market;\n\n   12. The extent to which either party has contributed to the attainment of\n   education, training, career position or profession of the other party; and\n\n   13. Such other factors, including the tax consequences to each party and the\n   circumstances and factors that contributed to the dissolution, specifically\n   including any ground for divorce, as are necessary to consider the equities\n   between the parties.\n\nF. In contested cases in the circuit courts, any order granting, reserving or\ndenying a request for spousal support shall be accompanied by written findings\nand conclusions of the court identifying the factors in subsection E which\nsupport the court&#8217;s order. Any order granting or reserving any request for\nspousal support shall state whether the retirement of either party was\ncontemplated by the court and specifically considered by the court in making its\naward, and, if so, the order shall state the facts the court contemplated and\nspecifically considered as to the retirement of the party. If the court awards\nperiodic support for a defined duration, such findings shall identify the basis\nfor the nature, amount and duration of the award and, if appropriate, a\nspecification of the events and circumstances reasonably contemplated by the\ncourt which support the award.\n\nG. For purposes of this section and &#xA7; 20-109, &#8220;date of\nseparation&#8221; means the earliest date at which the parties are physically\nseparated and at least one party intends such separation to be permanent\nprovided the separation is continuous thereafter and &#8220;defined\nduration&#8221; means a period of time (i) with a specific beginning and ending\ndate or (ii) specified in relation to the occurrence or cessation of an event or\ncondition other than death or termination pursuant to &#xA7; 20-110.\n\nH. Where there are no minor children whom the parties have a mutual duty to\nsupport, an order directing the payment of spousal support, including those\norders confirming separation agreements, entered on or after October 1, 1985,\nwhether they are original orders or modifications of existing orders, shall\ncontain the following:\n\n   1. If known, the name, date of birth, and social security number of each party\n   and, unless otherwise ordered, each party&#8217;s residential and, if\n   different, mailing address, residential and employer telephone number, and\n   number appearing on a driver&#8217;s license or other document issued under\n   Chapter 3 (&#xA7; 46.2-300 et seq.) of Title 46.2 or the comparable law of\n   another jurisdiction, and the name and address of each party&#8217;s employer;\n   however, when a protective order has been issued or the court otherwise finds\n   reason to believe that a party is at risk of physical or emotional harm from\n   the other party, information other than the name of the party at risk shall\n   not be included in the order;\n\n   2. The amount of periodic spousal support expressed in fixed sums, together\n   with the payment interval, the date payments are due, and the date the first\n   payment is due;\n\n   3. A statement as to whether there is an order for health care coverage for a\n   party;\n\n   4. If support arrearages exist, (i) to whom an arrearage is owed and the\n   amount of the arrearage, (ii) the period of time for which such arrearage is\n   calculated, and (iii) a direction that all payments are to be credited to\n   current spousal support obligations first, with any payment in excess of the\n   current obligation applied to arrearages;\n\n   5. If support overages exist, (i) to whom an overage is owed and the amount of\n   the overage, (ii) the period of time for which such overage is calculated, and\n   (iii) how such overage is to be paid;\n\n   6. If spousal support payments are ordered to be paid directly to the obligee,\n   and unless the court for good cause shown orders otherwise, the parties shall\n   give each other and the court at least 30 days&#8217; written notice, in\n   advance, of any change of address and any change of telephone number within 30\n   days after the change; and\n\n   7. Notice that in determination of a spousal support obligation, the support\n   obligation as it becomes due and unpaid creates a judgment by operation of\n   law.\n\nHISTORY: 1982, c. 309; 1984, c. 456; 1988, c. 620; 1994, c. 518; 1998, c. 604;\n2003, c. 625; 2016, cc. 477, 615; 2018, c. 583; 2020, cc. 196, 1227, 1246; 2024,\nc. 51.","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}}