Virginia Pendente Lite Spousal Support Calculator
In Virginia, temporary (pendente lite) spousal support is determined by a statutory formula that compares the gross incomes of both spouses while the divorce case is pending.
Reviewed 2026-08-27 · Estimates only — not legal or financial advice.
How Virginia calculates it
- Determine each spouse’s monthly gross income from their annual figures.
- If the parties have no minor children in common, calculate 27 % of the payor’s monthly income and 50 % of the payee’s monthly income.
- If the parties have minor children in common, calculate 26 % of the payor’s monthly income and 58 % of the payee’s monthly income.
- Subtract the payee portion from the payor portion; the result is the guideline monthly support, but it cannot be less than $0.
- Apply the formula only when the combined monthly gross income of both spouses does not exceed $10,000; otherwise the court decides support case‑by‑case.
- The amount is presumptive temporary support while the case is pending; final support after divorce is discretionary under Va. Code § 20‑107.1.
Worked example
With no minor children, the payor earns $90,000 per year gross ($7,500 per month) and the payee earns $30,000 per year ($2,500 per month). Applying the formula, 27 % of $7,500 equals $2,025 and 50 % of $2,500 equals $1,250; the difference is $775 per month guideline support.
Frequently asked questions
What is “pendente lite” spousal support?
It is temporary support paid while the divorce case is pending, calculated using Virginia’s statutory guideline.
When does Virginia’s formula apply?
The formula applies only when the parties’ combined monthly gross income does not exceed $10,000.
How does having minor children affect the calculation?
With minor children in common, the percentages change to 26 % of the payor’s income and 58 % of the payee’s income.
What if the calculation results in a negative amount?
The result is never below $0; the minimum guideline support is $0.
Is the guideline amount the final spousal support after divorce?
No, final support is discretionary and considered under Va. Code § 20‑107.1.