In Albemarle County, permanent alimony (indefinite spousal support) is available under Va. Code § 20-107.1 for marriages of 15+ years or where a spouse cannot support themselves. Law Offices Of SRIS, P.C. has 30 documented case results in Albemarle County. A Permanent Alimony Lawyer Albemarle County can explain your rights to long-term maintenance.
Last verified: April 2026 | Albemarle County General District Court | Va. Code § 20-107.1 (official Virginia General Assembly)
What Is Permanent Alimony Under Virginia Law?
Permanent alimony, also called indefinite spousal support or long-term spousal maintenance, is a court-ordered payment from one spouse to another that continues indefinitely. Unlike rehabilitative support, which has a fixed end date, permanent alimony does not automatically terminate. Under Va. Code § 20-107.1, a judge in Albemarle County Circuit Court considers 13 factors before awarding this type of support. These factors include the duration of the marriage, the financial resources of each spouse, and the standard of living established during the marriage. An indefinite spousal support lawyer Albemarle County can help you understand how these factors apply to your case.
Virginia law presumes that permanent spousal support is appropriate when a marriage has lasted 15 years or more, or when one spouse has a physical or mental condition that prevents them from finding employment. The court may also award permanent alimony if a spouse has been out of the workforce for an extended period caring for children or managing the household. A long-term spousal maintenance lawyer Albemarle County can evaluate your situation and advise you on the likelihood of receiving or paying permanent support.
Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3 (the equitable distribution statute), demonstrating the firm’s deep involvement in Virginia family law. The firm was founded in 1997 and has over 120 years of combined legal experience. Samantha Rae Powers, the primary attorney for this page, brings 18+ years of family law experience to Albemarle County cases.
External Citation Links
Va. Code § 20-107.1 (official Virginia General Assembly) — This statute governs spousal support awards in Virginia, including permanent alimony.
Albemarle County General District Court (official court website) — This court handles family law matters including spousal support.
- Step 1: File a Complaint for Divorce or Spousal Support. Your attorney files a complaint in Albemarle County Circuit Court requesting spousal support. Include all relevant financial information.
- Step 2: Serve the Complaint on Your Spouse. The court requires proper service of process. Your spouse has 21 days to respond after service.
- Step 3: Attend Pendente Lite Hearing (if needed). If you need temporary support during the divorce, your attorney can request a pendente lite hearing. These hearings are typically set within 21-60 days of filing.
- Step 4: Exchange Financial Disclosures. Both parties must provide complete financial statements, tax returns, pay stubs, and other documents showing income, assets, and expenses.
- Step 5: Negotiate or Attend Trial. Your attorney negotiates a settlement or presents evidence at trial. The judge applies the 13 factors under Va. Code § 20-107.1 to determine permanent alimony.
- Step 6: Receive the Final Order. The court issues a final spousal support order specifying the amount, duration, and terms of payment.
In Albemarle County, permanent alimony under Va. Code § 20-107.1 can continue indefinitely for marriages of 15+ years or when a spouse cannot become self-supporting.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to pay spousal support (contempt) | Civil contempt | Up to 12 months | Up to $2,500 | None | Wage garnishment, lien on property, suspension of driver’s license |
| Failure to pay spousal support (criminal contempt) | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record, potential jail time |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results in Albemarle County
Law Offices Of SRIS, P.C. has 30 total documented case results across all practice areas in Albemarle County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at Albemarle County courts (350 Park Street), accessible via I-64, Route 29, Route 250, and Route 20. We serve the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden. A Permanent Alimony Lawyer Albemarle County is available to discuss your case.
Frequently Asked Questions About Permanent Alimony in Albemarle County
Can I get permanent alimony in Albemarle County if my marriage lasted less than 15 years?
Yes, but it is less common. The court considers all 13 factors under Va. Code § 20-107.1, not just marriage duration. If you have a disability, have been out of the workforce for many years, or there is a significant income disparity, permanent alimony may still be awarded.
How long does a permanent alimony case take in Albemarle County?
It depends. Uncontested cases with a signed agreement can resolve in 2-4 months. Contested cases requiring trial can take 9-18 months. Pendente lite hearings for temporary support are typically set within 21-60 days of filing a motion.
Is permanent alimony tax-deductible in Virginia?
No. For divorce agreements executed after December 31, 2018, alimony payments are not tax-deductible for the payor and not taxable income for the recipient. This change was made by the Tax Cuts and Jobs Act of 2017.
Can permanent alimony be modified in Albemarle County?
Yes. Either party can request modification if there is a material change in circumstances, such as job loss, disability, retirement, or remarriage of the recipient. The court reviews the change and adjusts the support order accordingly.
What happens if my ex-spouse stops paying permanent alimony in Albemarle County?
You can file a motion for contempt in Albemarle County Circuit Court. The court can order wage garnishment, place a lien on property, suspend a driver’s license, or even impose jail time for willful nonpayment. An attorney can help you enforce the order.
Does permanent alimony end if the recipient remarries in Virginia?
Yes. Under Va. Code § 20-109, permanent spousal support automatically terminates upon the remarriage of the recipient. The support also terminates if either party dies. Cohabitation may also be grounds for modification or termination.
How is permanent alimony calculated in Albemarle County?
The court considers 13 factors under Va. Code § 20-107.1, including each spouse’s income, earning capacity, standard of living during the marriage, duration of the marriage, and contributions as a homemaker. There is no fixed formula — the judge has discretion.
Can I waive permanent alimony in a prenuptial agreement in Virginia?
Yes. A valid prenuptial or postnuptial agreement can waive the right to permanent alimony. The agreement must be in writing, signed by both parties, and not unconscionable at the time of enforcement. The court will review the agreement for fairness.
Internal Links:
- Virginia Family Law Lawyer
- Henrico County Family Law Lawyer
- Chesterfield County Family Law Lawyer
- Albemarle County Criminal Defense Lawyer
- Albemarle County DUI Lawyer
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.