Yes. You can get alimony in Virginia if you work, but only in certain situations.
Let’s break it down.
First things first: What is alimony?
Alimony – which is also referred to as “spousal support” – is a monthly amount of money paid by one spouse to the other after separation or divorce.
Alimony is based on the financial needs of the receiving spouse and on the other spouse’s ability to pay. Alimony is meant to provide financial support to a spouse who does not have his or her own independent source of income. Alimony is sometimes used as a punishment or reward, but that is not supposed to be its primary purpose.
Rehabilitative Alimony. Alimony is often used to help unemployed and underemployed spouses fill in the financial gaps until they can get their career on track. This is often referred to as “rehabilitative alimony”. Some spouses live on this alimony while they get retrained, get their degree, or work on getting a job and moving up the ladder.
Alimony is Not Backpay for Free Labor Provided During the Marriage. Some people view alimony as deserved payments for having given up career opportunities to raise children and tend to the many tasks required to run a household. While that can be a factor in determining an alimony award, that is not the primary point of alimony payments. Instead, supporting a spouse’s career by taking care of the home front is the reason why the spouse who is asking for alimony doesn’t have an independent source of income. This is not the same as those alimony payments serving as “backpay” for all the free labor that a spouse gave to the marriage.
You are better off negotiating alimony from the standpoint of financial need and ability to pay versus asserting what you feel you deserve for your past services to the marriage.
How is Alimony Calculated
In Virginia, there is no automatic right or entitlement to alimony. Instead, the courts assess:
- whether there should be alimony;
- how much that alimony should be; and
- how long that alimony should be paid.
To do this, the courts look at the following factors:
- The income of both spouses;
- The length of the marriage;
- Each spouse’s ability to support themselves;
- The standard of living established during the marriage;
- The contributions of each spouse to the well-being of the marriage; and
- Each spouse’s access to assets.
See the Virginia Code here https://law.lis.virginia.gov/vacode/title20/chapter6/section20-107.1/ for an in depth list of factors that judges must consider in a Virginia alimony case.
If I Have a Job, Am I Disqualified to Receive Alimony?
Not necessarily. Being a good candidate for alimony is not about whether you earn something — it is about whether you can support yourself and how big the income gap is between you and your spouse.
Pendent Lite Formula. When settling an alimony case in Virginia, most mediators and attorneys start by running the following calculation, which is referred to as the “pendente lite formula”.
With minor children involved:
Take 26% of the higher earner’s gross income (before taxes, retirement, and other deductions), then subtract 58% of the lower earner’s gross income. If you own a business, gross income is tricky to get to, but it is possible.
Without minor children:
Take 27% of the higher earner’s gross income minus 50% of the lower earner’s gross income.
If the calculation comes out to zero or a negative number, there will probably not be any alimony. If it is a positive number, there might be an alimony award.
The bigger the number, the more of a chance that there will be alimony award in your case – which might even be exactly what the formula says it should be.
This formula is not the law in a divorce case, but it is well-respected in the professional divorce community. Judges are not permitted to use the pendente lite formula when making decisions in a Virginia alimony case, but they are aware of the formula and, like many mediators and lawyers, probably have respect for its value in determining what is fair (even though they are not permitted to say that).
Why do some people receive alimony when the pendente lite formula shows they are not qualified?
Sometimes paying alimony, when the standard calculation does not show that alimony would probably be awarded, is a strategic or emotional decision. For example:
- A higher-earning spouse might agree to pay support so the primary parent can stay in the family home with the children.
- Some spouses choose to pay alimony to get on with their lives and stop fighting.
- Some spouses choose to pay alimony because they feel it is the right thing to do considering all of the circumstances in the marriage and at the break-up.
- Some spouses choose to pay alimony to take the pressure off the lesser earning spouse so that they can focus on building up their career
- Some spouses pay alimony in exchange for other settlement matters, such as less sharing of a pension in the future
It’s not always about what the court would order — sometimes it’s about what both parties are willing to agree to in order to settle their divorce case and get on with their lives.
Bottom line:
You can get alimony in Virginia if you work — but usually only if:
- There is a significant income difference between you and your spouse.
- The pendente lite formula results in a positive number.
Final thought:
Asking for alimony isn’t selfish — it’s practical. Paying alimony does not make you a tool or a loser. If you are the one who supported your spouse’s career, raised the kids, and paused your own job growth to keep your family afloat, you deserve to explore your options. If you the spouse who benefited from your partner holding down the fort while you built your career, you might want to consider helping your ex out while they grow their own career.
Alimony is a bridge to help divorcing couples move on to their lives as independent people in a fair and thoughtful way.
Still need some help understanding alimony in Virginia (or divorce in general)? Call Robin: 571-220-1998.
