Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner upon divorce.
The person paying spousal support or the person receiving spousal support may seek to modify the court’s order for support—usually by increasing it or decreasing it—due to a material change in circumstances of the person paying support or the person receiving support.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic code.
In Virginia, spousal support, also known as alimony, is financial assistance provided by one spouse to the other following a divorce or separation. The purpose of spousal support is to mitigate the economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. The amount and duration of spousal support are determined by the court based on factors such as the duration of the marriage, the standard of living established during the marriage, the age and physical and emotional condition of the parties, and the financial resources and needs of each party. Virginia law allows for modification of spousal support orders if there is a 'material change in circumstances.' This could mean a significant change in the income or financial status of either the paying or receiving party. The party seeking the modification must prove that the change is substantial and was not anticipated at the time of the original order. The process for modifying spousal support is typically initiated by filing a motion in the court that issued the original support order.