Virginia Alimony Calculator 2026

Virginia Alimony Formula & Factors

Virginia has a statutory formula for temporary (pendente lite) support. Under Va. Code § 16.1-278.17:1, the amount produced by the formula is presumed correct in pendente lite spousal support proceedings in the juvenile and domestic relations district courts. If the spouses have no minor children in common, it is 27% of the payor's monthly gross income minus 50% of the recipient's monthly gross income. If they do, it is 26% of the payor's minus 58% of the recipient's, and spousal support is worked out before child support.

The formula applies only when the spouses' combined monthly gross income is $10,000 or less, and the court may depart from it for good cause.

Support after the divorce has no formula. Va. Code § 20-107.1 requires the court to consider a list of factors, including each spouse's needs, obligations and financial resources, the standard of living during the marriage, the length of the marriage, ages and health, contributions to the family, and the property each spouse receives.

What the Illustrative Estimate Is

When the Virginia rule does not cover your figures (combined gross income is above $10,000 a month), this page shows an illustration instead and says so in the result. The illustration uses the reference method recommended by a commission of the American Academy of Matrimonial Lawyers (AAML) in 2007: 30% of the payor's gross income minus 20% of the recipient's gross income, limited so that the recipient ends up with no more than 40% of the couple's combined gross income. The method is set out in Mary Kay Kisthardt's article in the Journal of the American Academy of Matrimonial Lawyers (vol. 21, 2008) and summarised by Maryland's highest court in Boemio v. Boemio (2010).

The AAML method is not Virginia law and Virginia courts are not bound by it. It lists its own reasons to depart from the result, such as a spouse caring for a young or disabled child, age or health, or a career given up for the other spouse. It was written when alimony was still tax-deductible for the payer, and it does not apply when combined gross income is above $1,000,000 a year. Treat the figure as a starting point for a conversation with a lawyer, not as a prediction.

Virginia Alimony Rules at a Glance

Worked Example: Virginia Alimony Calculator

Take gross incomes of $6,500 and $2,500 a month with no minor children in common ($9,000 combined, within the $10,000 limit). 27% of $6,500 is $1,755; 50% of $2,500 is $1,250. Presumptive pendente lite support is the difference, $505 a month. With minor children in common the same incomes give 26% of $6,500 ($1,690) minus 58% of $2,500 ($1,450) = $240 a month.

These are the figures the calculator shows when the page first loads. A real order depends on evidence a calculator cannot see.

Virginia Alimony Duration Rules

Pendente lite support lasts while the case is pending. For support in the final decree, section 20-107.1 lets the court order payments for a defined period, for an undefined period, in a lump sum, or in a combination, and sets no percentage of the marriage.

Is Alimony Taxable in Virginia?

For federal income tax, alimony or separate maintenance paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not included in the recipient's income. Payments under an agreement executed before 2019 are generally still deductible by the payer and taxable to the recipient, unless the agreement was later modified and the modification expressly adopts the new rule (IRS Topic No. 452). Child support is never deductible and is not income.

This page does not cover Virginia state income tax. State rules are set separately and can differ from the federal rule, so check with the state tax agency or a tax adviser.

Modifying Virginia Alimony

Whether an order can be changed depends on its wording and on the type of support. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable.

Read the order itself and Va. Code § 16.1-278.17:1 before relying on a general rule, and get advice from a family lawyer licensed in Virginia about your own case. Nothing on this page is legal advice.

Last updated: October 2026. Sources: Va. Code § 16.1-278.17:1 (Virginia Law); Va. Code § 20-107.1 (Virginia Law); AAML Commission recommendations (Kisthardt, 21 J. Am. Acad. Matrim. Law. 61); IRS Topic No. 452.