{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-109.html"}],"law_id":53938,"edition_id":1,"section_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","history":"Code 1919, \u00a7 5111; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p. 593; 1972, c. 482; 1975, c. 644; 1977, c. 222; 1978, c. 746; 1987, c. 694; 1994, c. 518; 1997, c. 241; 1998, c. 604; 2000, cc. 218, 221; 2001, cc. 725, 740; 2018, cc. 583, 701; 2020, c. 585.","full_text":"A\n\nUpon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.B\n\nThe court may consider a modification of an award of spousal support for a defined duration upon petition of either party filed within the time covered by the duration of the award. Upon consideration of the factors set forth in subsection E of § 20-107.1, the court may increase, decrease or terminate the amount or duration of the award upon finding that (i) there has been a material change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact occur through no fault of the party seeking the modification. The provisions of this subsection shall apply only to suits for initial spousal support orders filed on or after July 1, 1998, and suits for modification of spousal support orders arising from suits for initial support orders filed on or after July 1, 1998.C\n\nIn suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, if a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed before entry of a final decree, no decree or order directing the payment of support and maintenance for the spouse, suit money, or counsel fee or establishing or imposing any other condition or consideration, monetary or nonmonetary, shall be entered except in accordance with that stipulation or contract. If such a stipulation or contract is filed after entry of a final decree and if any party so moves, the court shall modify its decree to conform to such stipulation or contract. No request for modification of spousal support based on a material change in circumstances or the terms of stipulation or contract shall be denied solely on the basis of the terms of any stipulation or contract that is executed on or after July 1, 2018, unless such stipulation or contract expressly states that the amount or duration of spousal support is non-modifiable.D\n\nUnless otherwise provided by stipulation or contract, spousal support and maintenance shall terminate upon the death of either party or remarriage of the spouse receiving support. The spouse entitled to support shall have an affirmative duty to notify the payor spouse immediately of remarriage at the last known address of the payor spouse.E\n\nFor purposes of the modification of an award of spousal support, and without precluding the ability of a party to otherwise file for a modification of spousal support based upon any other material change in circumstances, the payor spouse’s attainment of full retirement age shall be considered a material change in circumstances. For the purposes of this subsection, “full retirement age” means the normal retirement age at which a person is eligible to receive full retirement benefits under the federal Social Security Act, but “full retirement age” does not mean “early retirement age” as defined under the federal Social Security Act (42 U.S.C. § 416, as amended).F\n\nIn an action for the increase, decrease, or termination of spousal support based on the retirement of the payor spouse pursuant to subsection E, where the court finds that there has been a material change in circumstances, the court shall determine whether any modification or termination of such spousal support should be granted. In making such determination, the court may consider the factors set forth in subsection E of \u00a7 20-107.1 and shall consider the following factors:1\n\nWhether retirement was contemplated by the court and specifically considered by the court when the spousal support was awarded;2\n\nWhether the retirement is mandatory or voluntary, and the terms and conditions related to such retirement;3\n\nWhether the retirement would result in a change in the income of either the payor or the payee spouse;4\n\nThe age and health of the parties;5\n\nThe duration and amount of spousal support already paid; and6\n\nThe assets or property interest of each of the parties during the period from the date of the support order and up to the date of the hearing on modification or termination.\n\t\t\t\tThe provisions of this subsection (i) shall be subject to the provisions regarding stipulations or contracts as set forth in subsection C, and (ii) shall not apply to a contract or stipulation that is non-modifiable.\n\t\t\t\tThe provisions of this subsection and subsection E shall apply to suits for modification or termination of spousal support orders regardless of the date of the suit for initial setting of support or the date of entry of any such order or decree.G\n\nIn any action for the increase, decrease, or termination of spousal support, if the court finds that there has been a material change in circumstances, the court may consider the factors set forth in subsection E of § 20-107.1 and subsection F of this section in making its determination as to whether any modification or termination of such support should be granted. The court shall further consider the assets or property interest of each of the parties from the date of the support order and up to the time of the hearing on modification or termination, and any income generated from the asset or property interest. Any order granting or denying a request for the modification or termination of spousal support shall be accompanied by written findings and conclusions of the court identifying the factors set forth in subsection E of § 20-107.1 and subsection F of this section that support the court’s order.","order_by":null,"text":{"0":{"id":198078,"text":"Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198079,"text":"The court may consider a modification of an award of spousal support for a defined duration upon petition of either party filed within the time covered by the duration of the award. Upon consideration of the factors set forth in subsection E of § 20-107.1, the court may increase, decrease or terminate the amount or duration of the award upon finding that (i) there has been a material change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact occur through no fault of the party seeking the modification. The provisions of this subsection shall apply only to suits for initial spousal support orders filed on or after July 1, 1998, and suits for modification of spousal support orders arising from suits for initial support orders filed on or after July 1, 1998.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198080,"text":"In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, if a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed before entry of a final decree, no decree or order directing the payment of support and maintenance for the spouse, suit money, or counsel fee or establishing or imposing any other condition or consideration, monetary or nonmonetary, shall be entered except in accordance with that stipulation or contract. If such a stipulation or contract is filed after entry of a final decree and if any party so moves, the court shall modify its decree to conform to such stipulation or contract. No request for modification of spousal support based on a material change in circumstances or the terms of stipulation or contract shall be denied solely on the basis of the terms of any stipulation or contract that is executed on or after July 1, 2018, unless such stipulation or contract expressly states that the amount or duration of spousal support is non-modifiable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198081,"text":"Unless otherwise provided by stipulation or contract, spousal support and maintenance shall terminate upon the death of either party or remarriage of the spouse receiving support. The spouse entitled to support shall have an affirmative duty to notify the payor spouse immediately of remarriage at the last known address of the payor spouse.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":198082,"text":"For purposes of the modification of an award of spousal support, and without precluding the ability of a party to otherwise file for a modification of spousal support based upon any other material change in circumstances, the payor spouse’s attainment of full retirement age shall be considered a material change in circumstances. For the purposes of this subsection, “full retirement age” means the normal retirement age at which a person is eligible to receive full retirement benefits under the federal Social Security Act, but “full retirement age” does not mean “early retirement age” as defined under the federal Social Security Act (42 U.S.C. § 416, as amended).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":198083,"text":"In an action for the increase, decrease, or termination of spousal support based on the retirement of the payor spouse pursuant to subsection E, where the court finds that there has been a material change in circumstances, the court shall determine whether any modification or termination of such spousal support should be granted. In making such determination, the court may consider the factors set forth in subsection E of \u00a7 20-107.1 and shall consider the following factors:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":198084,"text":"Whether retirement was contemplated by the court and specifically considered by the court when the spousal support was awarded;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":198085,"text":"Whether the retirement is mandatory or voluntary, and the terms and conditions related to such retirement;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":198086,"text":"Whether the retirement would result in a change in the income of either the payor or the payee spouse;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"9":{"id":198087,"text":"The age and health of the parties;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"10":{"id":198088,"text":"The duration and amount of spousal support already paid; and","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"11":{"id":198089,"text":"The assets or property interest of each of the parties during the period from the date of the support order and up to the date of the hearing on modification or termination.\n\t\t\t\tThe provisions of this subsection (i) shall be subject to the provisions regarding stipulations or contracts as set forth in subsection C, and (ii) shall not apply to a contract or stipulation that is non-modifiable.\n\t\t\t\tThe provisions of this subsection and subsection E shall apply to suits for modification or termination of spousal support orders regardless of the date of the suit for initial setting of support or the date of entry of any such order or decree.","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"G"},"12":{"id":198090,"text":"In any action for the increase, decrease, or termination of spousal support, if the court finds that there has been a material change in circumstances, the court may consider the factors set forth in subsection E of § 20-107.1 and subsection F of this section in making its determination as to whether any modification or termination of such support should be granted. The court shall further consider the assets or property interest of each of the parties from the date of the support order and up to the time of the hearing on modification or termination, and any income generated from the asset or property interest. Any order granting or denying a request for the modification or termination of spousal support shall be accompanied by written findings and conclusions of the court identifying the factors set forth in subsection E of § 20-107.1 and subsection F of this section that support the court’s order.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F6"}},"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; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1972, chapter 482; in 1975, chapter 644; in 1977, chapter 222; in 1978, chapter 746; in 1987, chapter 694; in 1994, chapter 518<\/a>; in 1997, chapter 241<\/a>; in 1998, chapter 604<\/a>; in 2000, chapters 218<\/a> and 221<\/a>; in 2001, chapters 725<\/a> and 740<\/a>; in 2018, chapters 583<\/a> and 701<\/a>; in 2020, chapter 585<\/a>.<\/p>","references":[{"id":72435,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","order_by":null,"url":"\/20-107.1\/"},{"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":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":72435,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","order_by":null,"url":"\/20-107.1\/"}],"permalink":{"id":179001,"object_type":"law","relational_id":53938,"identifier":"20-109","token":"20\/6\/20-109","url":"\/20-109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-109\/","token":"20\/6\/20-109","dublin_core":{"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon petition<\/span> of either party<\/span> the court<\/span> may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order<\/span> of the court<\/span> based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court<\/span> shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation<\/span> or contract<\/span> or (ii) the spouse receiving support proves by a preponderance of the evidence<\/span> that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders<\/span> and decrees<\/span> for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order<\/span> or decree<\/span>, or the date of any petition<\/span> for modification of support. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may consider a modification of an award of spousal support for a defined duration upon petition<\/span> of either party<\/span> filed within the time covered by the duration of the award. Upon consideration of the factors set forth in subsection E of § 20-107.1<\/a>, the court<\/span> may increase, decrease or terminate the amount or duration of the award upon finding<\/span> that (i) there has been a material<\/span> change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court<\/span> anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact<\/span> occur through no fault of the party<\/span> seeking the modification. The provisions of this subsection shall apply only to suits for initial spousal support orders<\/span> filed on or after July 1, 1998, and suits for modification of spousal support orders<\/span> arising from suits for initial support orders<\/span> filed on or after July 1, 1998. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/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>, if a stipulation<\/span> or contract<\/span> signed by the party<\/span> to whom such relief might otherwise be awarded is filed before entry of a final decree<\/span>, no decree<\/span> or order<\/span> directing the payment of support and maintenance for the spouse, suit money, or counsel<\/span> fee or establishing or imposing any other condition or consideration, monetary or nonmonetary, shall be entered except in accordance with that stipulation<\/span> or contract<\/span>. If such a stipulation<\/span> or contract<\/span> is filed after entry of a final decree<\/span> and if any party<\/span> so moves, the court<\/span> shall modify its decree<\/span> to conform to such stipulation<\/span> or contract<\/span>. No request for modification of spousal support based on a material<\/span> change in circumstances or the terms of stipulation<\/span> or contract<\/span> shall be denied solely on the basis of the terms of any stipulation<\/span> or contract<\/span> that is executed on or after July 1, 2018, unless such stipulation<\/span> or contract<\/span> expressly states that the amount or duration of spousal support is non-modifiable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless otherwise provided by stipulation<\/span> or contract<\/span>, spousal support and maintenance shall terminate upon the death of either party<\/span> or remarriage of the spouse receiving support. The spouse entitled to support shall have an affirmative duty to notify the payor spouse immediately of remarriage at the last known address of the payor spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of the modification of an award of spousal support, and without precluding the ability of a party<\/span> to otherwise file for a modification of spousal support based upon any other material<\/span> change in circumstances, the payor spouse’s attainment of full retirement age<\/span> shall be considered a material<\/span> change in circumstances. For the purposes of this subsection, “full retirement age<\/span>” means the normal retirement age at which a person is eligible to receive full retirement benefits under the federal Social Security Act, but “full retirement age<\/span>” does not mean “early retirement age<\/span>” as defined under the federal Social Security Act (42 U.S.C. § 416, as amended). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In an action for the increase, decrease, or termination of spousal support based on the retirement of the payor spouse pursuant to subsection E, where the court<\/span> finds that there has been a material<\/span> change in circumstances, the court<\/span> shall determine whether any modification or termination of such spousal support should be granted. In making such determination, the court<\/span> may consider the factors set forth in subsection E of \u00a7 20-107.1<\/a> and shall consider the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether retirement was contemplated by the court<\/span> and specifically considered by the court<\/span> when the spousal support was awarded; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Whether the retirement is mandatory or voluntary, and the terms and conditions related to such retirement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the retirement would result in a change in the income of either the payor or the payee spouse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The age and health of the parties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The duration and amount of spousal support already paid; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The assets<\/span> or property interest of each of the parties during the period from the date of the support order<\/span> and up to the date of the hearing<\/span> on modification or termination.\n\t\t\t\tThe provisions of this subsection (i) shall be subject to the provisions regarding stipulations<\/span> or contracts<\/span> as set forth in subsection C, and (ii) shall not apply to a contract<\/span> or stipulation<\/span> that is non-modifiable.\n\t\t\t\tThe provisions of this subsection and subsection E shall apply to suits for modification or termination of spousal support orders<\/span> regardless of the date of the suit for initial setting of support or the date of entry of any such order<\/span> or decree<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In any action for the increase, decrease, or termination of spousal support, if the court<\/span> finds that there has been a material<\/span> change in circumstances, the court<\/span> may consider the factors set forth in subsection E of § 20-107.1<\/a> and subsection F of this section in making its determination as to whether any modification or termination of such support should be granted. The court<\/span> shall further consider the assets<\/span> or property interest of each of the parties from the date of the support order<\/span> and up to the time of the hearing<\/span> on modification or termination, and any income generated from the asset or property interest. Any order<\/span> granting or denying a request for the modification or termination of spousal support shall be accompanied by written findings<\/span> and conclusions of the court<\/span> identifying the factors set forth in subsection E of § 20-107.1<\/a> and subsection F of this section that support the court<\/span>’s order<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHANGING MAINTENANCE AND SUPPORT FOR A SPOUSE; EFFECT OF STIPULATIONS AS TO\nMAINTENANCE AND SUPPORT FOR A SPOUSE; CESSATION UPON COHABITATION, REMARRIAGE,\nOR DEATH; EFFECT OF RETIREMENT (\u00a7 20-109)\n\nA. Upon petition of either party the court may increase, decrease, or terminate\nthe amount or duration of any spousal support and maintenance that may\nthereafter accrue, whether previously or hereafter awarded, as the circumstances\nmay make proper. Upon order of the court based upon clear and convincing\nevidence that the spouse receiving support has been habitually cohabiting with\nanother person in a relationship analogous to a marriage for one year or more\ncommencing on or after July 1, 1997, the court shall terminate spousal support\nand maintenance unless (i) otherwise provided by stipulation or contract or (ii)\nthe spouse receiving support proves by a preponderance of the evidence that\ntermination of such support would be unconscionable. The provisions of this\nsubsection shall apply to all orders and decrees for spousal support, regardless\nof the date of the suit for initial setting of support, the date of entry of any\nsuch order or decree, or the date of any petition for modification of support.\n\nB. The court may consider a modification of an award of spousal support for a\ndefined duration upon petition of either party filed within the time covered by\nthe duration of the award. Upon consideration of the factors set forth in\nsubsection E of § 20-107.1, the court may increase, decrease or terminate\nthe amount or duration of the award upon finding that (i) there has been a\nmaterial change in the circumstances of the parties, not reasonably in the\ncontemplation of the parties when the award was made or (ii) an event which the\ncourt anticipated would occur during the duration of the award and which was\nsignificant in the making of the award, does not in fact occur through no fault\nof the party seeking the modification. The provisions of this subsection shall\napply only to suits for initial spousal support orders filed on or after July 1,\n1998, and suits for modification of spousal support orders arising from suits\nfor initial support orders filed on or after July 1, 1998.\n\nC. In suits for divorce, annulment and separate maintenance, and in proceedings\narising under subdivision A 3 or subsection L of § 16.1-241, if a\nstipulation or contract signed by the party to whom such relief might otherwise\nbe awarded is filed before entry of a final decree, no decree or order directing\nthe payment of support and maintenance for the spouse, suit money, or counsel\nfee or establishing or imposing any other condition or consideration, monetary\nor nonmonetary, shall be entered except in accordance with that stipulation or\ncontract. If such a stipulation or contract is filed after entry of a final\ndecree and if any party so moves, the court shall modify its decree to conform\nto such stipulation or contract. No request for modification of spousal support\nbased on a material change in circumstances or the terms of stipulation or\ncontract shall be denied solely on the basis of the terms of any stipulation or\ncontract that is executed on or after July 1, 2018, unless such stipulation or\ncontract expressly states that the amount or duration of spousal support is\nnon-modifiable.\n\nD. Unless otherwise provided by stipulation or contract, spousal support and\nmaintenance shall terminate upon the death of either party or remarriage of the\nspouse receiving support. The spouse entitled to support shall have an\naffirmative duty to notify the payor spouse immediately of remarriage at the\nlast known address of the payor spouse.\n\nE. For purposes of the modification of an award of spousal support, and without\nprecluding the ability of a party to otherwise file for a modification of\nspousal support based upon any other material change in circumstances, the payor\nspouse’s attainment of full retirement age shall be considered a material\nchange in circumstances. For the purposes of this subsection, “full\nretirement age” means the normal retirement age at which a person is\neligible to receive full retirement benefits under the federal Social Security\nAct, but “full retirement age” does not mean “early retirement\nage” as defined under the federal Social Security Act (42 U.S.C. §\n416, as amended).\n\nF. In an action for the increase, decrease, or termination of spousal support\nbased on the retirement of the payor spouse pursuant to subsection E, where the\ncourt finds that there has been a material change in circumstances, the court\nshall determine whether any modification or termination of such spousal support\nshould be granted. In making such determination, the court may consider the\nfactors set forth in subsection E of \u00a7 20-107.1 and shall consider the\nfollowing factors:\n\n 1. Whether retirement was contemplated by the court and specifically\n considered by the court when the spousal support was awarded;\n\n 2. Whether the retirement is mandatory or voluntary, and the terms and\n conditions related to such retirement;\n\n 3. Whether the retirement would result in a change in the income of either the\n payor or the payee spouse;\n\n 4. The age and health of the parties;\n\n 5. The duration and amount of spousal support already paid; and\n\n 6. The assets or property interest of each of the parties during the period\n from the date of the support order and up to the date of the hearing on\n modification or termination.\n \t\t\t\tThe provisions of this subsection (i) shall be subject to the provisions\n regarding stipulations or contracts as set forth in subsection C, and (ii)\n shall not apply to a contract or stipulation that is non-modifiable.\n \t\t\t\tThe provisions of this subsection and subsection E shall apply to suits\n for modification or termination of spousal support orders regardless of the\n date of the suit for initial setting of support or the date of entry of any\n such order or decree.\n\nG. In any action for the increase, decrease, or termination of spousal support,\nif the court finds that there has been a material change in circumstances, the\ncourt may consider the factors set forth in subsection E of § 20-107.1 and\nsubsection F of this section in making its determination as to whether any\nmodification or termination of such support should be granted. The court shall\nfurther consider the assets or property interest of each of the parties from the\ndate of the support order and up to the time of the hearing on modification or\ntermination, and any income generated from the asset or property interest. Any\norder granting or denying a request for the modification or termination of\nspousal support shall be accompanied by written findings and conclusions of the\ncourt identifying the factors set forth in subsection E of § 20-107.1 and\nsubsection F of this section that support the court’s order.\n\nHISTORY: Code 1919, \u00a7 5111; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p.\n593; 1972, c. 482; 1975, c. 644; 1977, c. 222; 1978, c. 746; 1987, c. 694; 1994,\nc. 518; 1997, c. 241; 1998, c. 604; 2000, cc. 218, 221; 2001, cc. 725, 740;\n2018, cc. 583, 701; 2020, c. 585.","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}}