Spousal Support Attorney in Fairfax

Family Law Focused. Fairfax Experienced. Representing Both Sides Since 1981.

In Virginia, spousal support, referred to as “alimony” in some states, is typically determined by weighing one party’s financial need against the other’s ability to pay. Wexell Milman has focused on family and domestic relations law since 1981, and we represent clients on both sides of spousal support disputes, whether pursuing a claim or defending against one.

You and your spouse can resolve a spousal support issue outside of court by mutual written agreement, or the court can determine the issue for you.

What Happens When Your Spousal Support Case Goes to Trial?

If your spousal support case goes to trial, a judge must consider more than a dozen factors under Virginia Code § 20-107.1. These include the obligations, needs, and financial resources of each spouse; the length of the marriage; each spouse’s contributions to the marriage and family well-being; and the circumstances that led to the breakdown of the marriage. The court also evaluates decisions the couple made regarding employment, career paths, and parenting arrangements and how those decisions affect present and future earning potential, including any time a spouse spent out of the workforce.

Under Virginia law, a finding of adultery can bar a spousal support award, subject to a narrow exception where denial would constitute a manifest injustice. Absent such a finding, the court has broad discretion in determining whether support is appropriate. A judge may order support for a fixed term or an indefinite period depending on the circumstances.

Need guidance with spousal support in Fairfax? Contact Wexell Milman to schedule a confidential consultation or call (703) 454-5448 today.

Rehabilitative vs. Permanent Spousal Support in Virginia

Virginia courts can award two distinct forms of post-divorce spousal support, and understanding the difference matters whether you’re seeking support or defending against a claim.

Rehabilitative Support
Rehabilitative spousal support is time-limited and intended to help a dependent spouse acquire education, training, or employment to become self-supporting. It’s generally awarded in shorter marriages and carries a defined duration tied to specific workforce reentry or educational goals. Once those goals are met, or the term expires, the obligation ends.

Permanent Support
Permanent spousal support has no defined termination date and is typically awarded in long-term marriages or when a spouse’s age, health, or a significant income disparity makes self-sufficiency unrealistic. Despite the name, permanent support isn’t necessarily lifelong. It can be modified or terminated upon remarriage, cohabitation in a relationship analogous to marriage, the death of either party, or a substantial change in circumstances.

We advise clients on both forms of support, whether the goal is securing an appropriate award or limiting an obligation to a defined term.

How the Tax Cuts & Jobs Act of 2017 Affects Spousal Support

Under the Tax Cuts and Jobs Act of 2017, spousal support payments under all new court orders and marital settlement agreements effective after December 31, 2018, are no longer deductible by the payor or treated as taxable income to the recipient. Orders and agreements finalized before January 1, 2019, may still operate under the prior tax rules, but any new arrangements must account for the changed treatment. Both parties should reassess their financial plans to reflect the actual after-tax cost of support under current law.

Modifying Spousal Support Orders

We also handle modification cases. In Virginia, either party may seek to modify a spousal support obligation by demonstrating a material change in circumstances since the original order, such as job loss, a significant income change, or a substantial increase in financial obligations. The court may, but isn’t required to, revisit the original statutory factors when deciding a modification petition. Note that if a spousal support agreement expressly states the amount or duration is non-modifiable, that provision will generally be honored.

When Spousal Support Terminates

Spousal support may be ordered for a definite or indefinite period. When support covers a defined term, it ends once that term expires or a triggering event occurs. It’s rare, but parties can agree to a lump-sum award in lieu of periodic payments, and a court can order the same following trial.

Under Virginia Code § 20-109, spousal support terminates automatically upon the death of either party or the remarriage of the recipient. The court shall also terminate support upon clear and convincing evidence that the recipient has been habitually cohabiting with another person in a relationship analogous to marriage for one year or more, unless termination would be unconscionable. Proving the nature and duration of cohabitation is technically complex and requires legal guidance.

Enforcing Spousal Support Orders in Fairfax

A court order is only as effective as its enforcement. When a paying spouse fails to meet their obligation, the recipient has legal remedies available, and we handle enforcement actions on behalf of our clients.

If your former spouse stops paying court-ordered support, we can return to court to address the nonpayment directly. The Fairfax County Juvenile and Domestic Relations District Court handles spousal support petitions and related enforcement matters, and judges have meaningful authority to compel compliance.

Enforcement tools available to the court include:

• Contempt of court: A judge may hold a non-paying spouse in contempt, which can carry financial penalties or other consequences for continued noncompliance.
• Wage garnishment: The court can order a portion of the non-paying spouse’s income withheld and applied directly to overdue support.
• Property liens: In more serious cases, a lien can be placed against the non-paying spouse’s assets.

If you aren’t receiving support you’re owed, prompt action matters. We can evaluate your options and move quickly to protect your financial interests.

Why Choose Wexell Milman?

At Wexell Milman, our practice centers on divorce and family law. We’ve handled spousal support matters from both sides, pursuing claims, defending against them, and seeking modifications, since 1981. Our attorneys represent clients in both pendente lite (temporary) and final support hearings, regardless of which side of the dispute you’re on. We achieve negotiated or mediated results in many cases, but we’re equally prepared to litigate in court.

The Spousal Support Process in Fairfax

Every spousal support case begins with detailed financial disclosure from both parties, covering income, living expenses, and dependent needs. These disclosures form the basis for negotiated agreements or court-determined support amounts, so accuracy and completeness matter. Cases typically consider the marital standard of living, each party’s contributions, and the duration of the marriage.

Initial spousal support petitions are filed in the Fairfax County Juvenile and Domestic Relations District Court. Spousal support within divorce proceedings is determined at the Fairfax County Circuit Court level. Our familiarity with both courts, their tendencies, procedures, and expectations, can provide a practical advantage when preparing financial disclosures, shaping strategy, and advocating at every stage.

How Fairfax Courts Approach Spousal Support

Fairfax courts apply Virginia’s statutory framework under § 20-107.1, with an emphasis on equitably balancing post-separation financial disparities. Individual Circuit Court judges retain broad discretion in weighing the statutory factors, which means preparation and presentation can meaningfully affect the outcome.

Judges evaluate the length of the marriage, each spouse’s financial and non-financial contributions, earning capacity, and any agreements the parties have made. Marital misconduct, including adultery, is examined and can influence the final determination. Cases involving complex financial assets receive particularly detailed scrutiny in Fairfax, which makes a well-informed, well-prepared legal approach especially important.

Frequently Asked Questions About Spousal Support in Fairfax

What Is the Difference Between Temporary & Permanent Spousal Support?

Virginia recognizes three distinct types of spousal support. Pendente lite support is temporary support awarded during the separation period while divorce proceedings are still ongoing, designed to maintain the lower-earning spouse’s standard of living until a final order is entered. Once a divorce is finalized, the court may award rehabilitative support, which is time-limited and tied to specific workforce reentry or educational goals, or permanent support, which carries no defined end date and is typically reserved for long-term marriages or situations where self-sufficiency is unrealistic due to age, health, or a significant income disparity.

How Do Courts Determine the Amount of Spousal Support?

Courts consider a comprehensive set of factors under Virginia Code § 20-107.1, including the length of the marriage, each party’s monetary and non-monetary contributions, each spouse’s financial needs and resources, earning capacity, and any prior agreements between the parties. A well-organized presentation of your financial situation can meaningfully affect what the court determines.

Can Spousal Support Be Modified?

Yes. Either party can seek modification by demonstrating a material change in circumstances since the original order, such as a significant income change, shifts in expenses, or other unforeseen financial developments. Not every change qualifies, and how the petition is presented matters.

Can Spousal Support End If the Recipient Begins Living With a New Partner?

In Virginia, spousal support is subject to termination if the recipient has been habitually cohabiting with a new partner in a relationship analogous to marriage for one year or more. Termination is mandatory upon clear and convincing proof of such cohabitation, unless the receiving spouse demonstrates that termination would be unconscionable. Proving the nature and duration of cohabitation can be complex, and legal counsel is important.

What Are the Tax Implications of Receiving Spousal Support?

Under the Tax Cuts and Jobs Act of 2017, spousal support payments are no longer deductible by the payor or treated as taxable income to the recipient for court orders and marital settlement agreements effective after December 31, 2018. Prior arrangements finalized before that date may still operate under the old rules. Both parties should understand the net effect of support amounts under current tax treatment and may want to consult a financial advisor alongside legal counsel.

Contact Wexell Milman About Your Spousal Support Case

Spousal support questions rarely have simple answers, and the stakes, financial and personal, are real. At Wexell Milman, we handle both straightforward and complex support matters in Fairfax, and we take the time to understand your specific situation before advising on a path forward.

To arrange an initial consultation, call our family law office at (703) 454-5448 or contact us online.