                                 CODE OF VIRGINIA

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 (§ 20-109)

A. 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.

B. 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 &#xA7; 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. In suits for divorce, annulment and separate maintenance, and in proceedings
arising under subdivision A 3 or subsection L of &#xA7; 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. 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.

E. 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&#8217;s attainment of full retirement age shall be considered a material
change in circumstances. For the purposes of this subsection, &#8220;full
retirement age&#8221; means the normal retirement age at which a person is
eligible to receive full retirement benefits under the federal Social Security
Act, but &#8220;full retirement age&#8221; does not mean &#8220;early retirement
age&#8221; as defined under the federal Social Security Act (42 U.S.C. &#xA7;
416, as amended).

F. 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 § 20-107.1 and shall consider the
following factors:

   1. Whether retirement was contemplated by the court and specifically
   considered by the court when the spousal support was awarded;

   2. Whether the retirement is mandatory or voluntary, and the terms and
   conditions related to such retirement;

   3. Whether the retirement would result in a change in the income of either the
   payor or the payee spouse;

   4. The age and health of the parties;

   5. The duration and amount of spousal support already paid; and

   6. 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.
   				The 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.
   				The 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. 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 &#xA7; 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 &#xA7; 20-107.1 and
subsection F of this section that support the court&#8217;s order.

HISTORY: Code 1919, § 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.