Virginia's only real formula is for temporary (pendente lite) support — a presumptive calculation under §16.1-278.17:1. Post-divorce support has no formula at all, and proven adultery can bar it completely. This tool runs the real temporary formula and flags the bar.
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Important: this formula is for temporary support during the case, not the final divorce order. Use gross (pre-tax) monthly incomes. Why there's no single national formula →
Pendente lite (temporary) estimate
Combined monthly gross income—
Presumptive temporary support—
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This formula is temporary-support only. Post-divorce (permanent) spousal support in Virginia has no formula whatsoever — it is decided entirely under the §20-107.1(E) factors below, and marital fault, including adultery, is an explicit part of that analysis.
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§20-107.1(E) Factors (Permanent Support)
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These govern the real, post-divorce spousal support decision — the pendente lite formula above does not apply here. Tick what applies; checked factors appear in your PDF summary.
Important: the number above reflects only the temporary (pendente lite) statutory formula, and only when combined monthly gross income is $10,000 or less. Permanent spousal support in Virginia has no formula, and proven adultery can bar it entirely absent a manifest-injustice finding. Confirm your situation with a Virginia family-law attorney.
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How Virginia calculates spousal support
Virginia calls this "spousal support and maintenance," and it's one of the few states where a real statutory formula exists — but only for one narrow slice of the process. Va. Code §16.1-278.17:1 gives courts a presumptive formula for pendente lite support, meaning temporary support ordered while the divorce case is still working its way through court. With minor children in common, the formula is 26% of the paying spouse's monthly gross income minus 58% of the receiving spouse's monthly gross income. Without minor children in common, it shifts to 27% of the payor's monthly gross income minus 50% of the payee's. Both versions only apply when the couple's combined monthly gross income is $10,000 or less; above that line, the court falls back on the same §20-107.1 factors that govern permanent support. Even within the formula's range, it's a rebuttable presumption, not an unbreakable rule — a judge can deviate for good cause, things like the tax impact of dependency exemptions or a party's current financial circumstances.
Once the divorce is final, the formula disappears entirely. Post-divorce spousal support in Virginia runs on the factor list in §20-107.1(E): each spouse's needs and resources, the marital standard of living, how long the marriage lasted, age and health, how much a party's earning ability has been reduced by time out of the workforce or family caregiving, financial and non-financial contributions to the marriage, property interests, career and education decisions made during the marriage and their lasting effect on earning potential, and — notably — "the circumstances and factors that contributed to the dissolution of the marriage, specifically including any ground for divorce." There's no duration table or formula here; a judge can order support for a fixed term, leave it open-ended, or reserve the question for later, based entirely on those factors.
Virginia's fault rule is genuinely unusual, and if you're the spouse who might be paying, it matters a lot. Under §20-107.1, a court cannot award permanent spousal support to a spouse against whom a ground of divorce has been proven under §20-91(A)(1) — adultery, or related conduct such as sodomy or buggery committed outside the marriage — if that's shown by clear and convincing evidence. That's not a soft factor; it operates as a hard bar. The one way around it is the "manifest injustice" exception: a court can still award support despite proven adultery if it finds, again by clear and convincing evidence, that denying support entirely would work a manifest injustice, weighing the relative fault of both spouses during the marriage and their relative economic circumstances. It's worth being precise about scope here — this bar only touches permanent, post-divorce support. It has no effect on pendente lite support ordered while the case is pending.
Both the pendente lite formula and the manifest-injustice framework are unchanged in substance going into 2026. §20-107.1 was amended in 2024, but that change only requires courts to document support overpayments in more detail in original or modified orders — it doesn't touch the adultery bar, the factor list, or the formula itself. No structural rewrite of Virginia's core spousal support framework has occurred in the 2023-2026 window.
Last reviewed: July 2026. Statute citations: Va. Code §20-103 (pendente lite orders); §16.1-278.17:1 (pendente lite formula); §20-107.1 (post-divorce factors and adultery bar); §20-91(A)(1) (adultery as a divorce ground).
Frequently Asked Questions
Does Virginia have a spousal support formula?
Only for temporary support while a case is pending. Va. Code §16.1-278.17:1 sets a presumptive pendente lite formula, but only when the parties' combined monthly gross income is $10,000 or less. Post-divorce (permanent) spousal support has no formula at all — it runs entirely on the §20-107.1(E) factors.
What is the Virginia pendente lite spousal support formula?
With minor children in common, presumptive support equals 26% of the payor's monthly gross income minus 58% of the payee's monthly gross income. Without minor children in common, it's 27% of the payor's monthly gross income minus 50% of the payee's monthly gross income. It only applies below the $10,000/month combined-income threshold, and it's a rebuttable presumption a judge can adjust for good cause.
Does adultery bar alimony in Virginia?
Yes, and it's one of the strictest rules in the country. Under §20-107.1, no permanent spousal support can be awarded to a spouse against whom adultery (or certain related conduct) is proven by clear and convincing evidence, unless denying support would be a "manifest injustice" based on the parties' relative fault and economic circumstances. This bar applies only to permanent support, not to pendente lite support during the case.
How long does spousal support last in Virginia?
There's no statutory duration formula or table for post-divorce spousal support. A judge decides whether support runs for a defined term, indefinitely, or is simply reserved for later, based on the §20-107.1(E) factors — marriage length is one factor among many, not a formula input.
What is the manifest injustice exception in Virginia?
It's the escape hatch from the adultery bar. Even where adultery is proven, a court can still award permanent support if it finds, by clear and convincing evidence, that denying it would be a manifest injustice — weighing the relative fault of both spouses during the marriage and their relative economic circumstances.