Lexington Spousal Support Lawyer — How Is Alimony Determined in Virginia?
Spousal support in Lexington is governed by Va. Code § 20-107.1, which lists 13 factors for the court to consider. A Lexington spousal support lawyer from Law Offices Of SRIS, P.C. can help you understand your rights and obligations. Our firm has 14 documented case results in Lexington. We provide full representation in Lexington Circuit Court.
Virginia Spousal Support Law
Spousal support, also called alimony, is a court-ordered payment from one spouse to another after separation or divorce. In Virginia, it is not automatic. The court must find that one spouse has a need for support and the other has the ability to pay. The primary statute is Va. Code § 20-107.1. This law provides a detailed framework for determining the amount and duration of support.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s spousal support law, refer to the Virginia Code § 20-107.1. Court procedures and forms for Lexington are available through the Lexington Combined Court website.
Local Process for Spousal Support in Lexington
Spousal support cases in Lexington are heard in the Lexington Circuit Court at 2 South Main Street. The process often begins with a pendente lite motion for temporary support, which can be set within 21-60 days of filing. The court will consider a signed separation agreement if the parties have one. For a final determination, the judge applies the 13 statutory factors to the evidence presented.
- Consult with a spousal support lawyer near me Lexington to review your financial situation and marital history.
- File a complaint for spousal support or a pendente lite motion with the Lexington Circuit Court clerk.
- Exchange financial disclosures and participate in discovery, which may include subpoenas for records.
- Attempt settlement through negotiation or mediation, which can save time and cost.
- Prepare for and attend a court hearing where both parties present evidence on the statutory factors.
- Obtain the court’s final order detailing the amount, duration, and terms of support.
Factors in a Spousal Support Determination
In Lexington, spousal support is based on 13 factors under Va. Code § 20-107.1, including the needs and resources of each party, the standard of living during the marriage, and the duration of the marriage.
| Key Factor | Court’s Consideration |
|---|---|
| Financial Needs & Resources | Income, earning capacity, assets, and debts of each spouse. |
| Marital Standard of Living | The lifestyle the couple maintained during the marriage. |
| Duration of Marriage | Longer marriages may lead to longer support periods. |
| Contributions to Family | Homemaking, child-rearing, and career sacrifices. |
| Age & Physical/Mental Condition | Health issues affecting the ability to work. |
| Fault in Marriage Breakdown | Adultery or cruelty can bar support to the at-fault spouse. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Lexington Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. In Lexington, we have 14 documented case results across all practice areas. Our managing attorney, Mr. Sris, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in shaping family law. This experience is critical when handling complex spousal support cases that involve business valuation or retirement assets.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Lexington
Our firm has a record of achieving positive outcomes for clients in Lexington courts. For example, we have secured dismissals and reductions in traffic matters before the Lexington General District Court. In family law, our goal is to reach fair settlements on support and property issues. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on all cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Spousal Support Lawyers
Our Richmond location serves clients with cases in Lexington Circuit Court. We are accessible via I-64 and I-81. We serve the Lexington community, including areas near Virginia Military Institute and Washington and Lee University.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Spousal Support Lawyer Lexington FAQ
How is spousal support calculated in Virginia?
It depends. Virginia does not use a strict formula. Judges consider 13 factors under Va. Code § 20-107.1, including each spouse’s income, needs, the marital standard of living, the marriage length, and contributions to the family. An affordable spousal support lawyer Lexington can analyze how these factors apply to your case.
Can spousal support be modified in Virginia?
Yes. A material change in circumstances, like a significant increase or decrease in either party’s income, can justify modifying support. You must file a petition with the court that issued the original order. The change must be substantial and not anticipated at the time of the original decree.
Does adultery affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, if a spouse proves that the other spouse committed adultery, the court shall deny support to the spouse who committed adultery. This is a mandatory bar, making fault a critical consideration in many cases.
How long does spousal support last?
It depends. The duration is set by the court based on the statutory factors. Support can be temporary (pendente lite), rehabilitative (for a set period to gain education/training), or permanent (often in long-term marriages). The court order will specify an end date or a triggering event.
What is the difference between spousal support and a property settlement?
Spousal support is periodic payments for maintenance. A property settlement is a one-time division of marital assets and debts under Va. Code § 20-107.3. They are separate issues, but the amount of support can be influenced by the property division outcome.
Related Legal Services in Lexington
If you are dealing with spousal support, you may also need assistance with divorce in Lexington, criminal defense, or DUI charges. For all Virginia family law matters, visit our Virginia family law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.