CODE OF VIRGINIA

CHANGING MAINTENANCE AND SUPPORT FOR A SPOUSE; EFFECT OF STIPULATIONS AS TO
MAINTENANCE AND SUPPORT FOR A SPOUSE; CESSATION UPON COHABITATION, REMARRIAGE OR
DEATH (§ 20-109)

A. Upon petition of either party the court may increase, decrease, or terminate
the amount or duration of any spousal support and maintenance that may
thereafter accrue, whether previously or hereafter awarded, as the circumstances
may make proper. Upon order of the court based upon clear and convincing
evidence that the spouse receiving support has been habitually cohabiting with
another person in a relationship analogous to a marriage for one year or more
commencing on or after July 1, 1997, the court shall terminate spousal support
and maintenance unless (i) otherwise provided by stipulation or contract or (ii)
the spouse receiving support proves by a preponderance of the evidence that
termination of such support would be unconscionable. The provisions of this
subsection shall apply to all orders and decrees for spousal support, regardless
of the date of the suit for initial setting of support, the date of entry of any
such order or decree, or the date of any petition for modification of support.

B. The court may consider a modification of an award of spousal support for a
defined duration upon petition of either party filed within the time covered by
the duration of the award. Upon consideration of the factors set forth in
subsection E of § 20-107.1, the court may increase, decrease or terminate the
amount or duration of the award upon finding that (i) there has been a material
change in the circumstances of the parties, not reasonably in the contemplation
of the parties when the award was made or (ii) an event which the court
anticipated would occur during the duration of the award and which was
significant in the making of the award, does not in fact occur through no fault
of the party seeking the modification. The provisions of this subsection shall
apply only to suits for initial spousal support orders filed on or after July 1,
1998, and suits for modification of spousal support orders arising from suits
for initial support orders filed on or after July 1, 1998.

C. In suits for divorce, annulment and separate maintenance, and in proceedings
arising under subdivision A 3 or subsection L of § 16.1-241, if a stipulation
or contract signed by the party to whom such relief might otherwise be awarded
is filed before entry of a final decree, no decree or order directing the
payment of support and maintenance for the spouse, suit money, or counsel fee or
establishing or imposing any other condition or consideration, monetary or
nonmonetary, shall be entered except in accordance with that stipulation or
contract. If such a stipulation or contract is filed after entry of a final
decree and if any party so moves, the court shall modify its decree to conform
to such stipulation or contract.

D. Unless otherwise provided by stipulation or contract, spousal support and
maintenance shall terminate upon the death of either party or remarriage of the
spouse receiving support. The spouse entitled to support shall have an
affirmative duty to notify the payor spouse immediately of remarriage at the
last known address of the payor spouse.

HISTORY: Code 1919, § 5111; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p.
593; 1972, c. 482; 1975, c. 644; 1977, c. 222; 1978, c. 746; 1987, c. 694; 1994,
c. 518; 1997, c. 241; 1998, c. 604; 2000, cc. 218, 221; 2001, cc. 725, 740.