§ 20-109. Changing maintenance and support for a spouse; effect ofstipulations as to maintenance and support for a spouse; cessation uponcohabitation, remarriage or death.
A. Upon petition of either party the court may increase, decrease, orterminate the amount or duration of any spousal support and maintenance thatmay thereafter accrue, whether previously or hereafter awarded, as thecircumstances may make proper. Upon order of the court based upon clear andconvincing evidence that the spouse receiving support has been habituallycohabiting with another person in a relationship analogous to a marriage forone year or more commencing on or after July 1, 1997, the court shallterminate spousal support and maintenance unless (i) otherwise provided bystipulation or contract or (ii) the spouse receiving support proves by apreponderance of the evidence that termination of such support would beunconscionable. The provisions of this subsection shall apply to all ordersand decrees for spousal support, regardless of the date of the suit forinitial setting of support, the date of entry of any such order or decree, orthe date of any petition for modification of support.
B. The court may consider a modification of an award of spousal support for adefined duration upon petition of either party filed within the time coveredby the duration of the award. Upon consideration of the factors set forth insubsection E of § 20-107.1, the court may increase, decrease or terminate theamount or duration of the award upon finding that (i) there has been amaterial change in the circumstances of the parties, not reasonably in thecontemplation of the parties when the award was made or (ii) an event whichthe court anticipated would occur during the duration of the award and whichwas significant in the making of the award, does not in fact occur through nofault of the party seeking the modification. The provisions of thissubsection shall apply only to suits for initial spousal support orders filedon or after July 1, 1998, and suits for modification of spousal supportorders arising from suits for initial support orders filed on or after July1, 1998.
C. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, if astipulation or contract signed by the party to whom such relief mightotherwise be awarded is filed before entry of a final decree, no decree ororder directing the payment of support and maintenance for the spouse, suitmoney, or counsel fee or establishing or imposing any other condition orconsideration, monetary or nonmonetary, shall be entered except in accordancewith that stipulation or contract. If such a stipulation or contract is filedafter entry of a final decree and if any party so moves, the court shallmodify its decree to conform to such stipulation or contract.
D. Unless otherwise provided by stipulation or contract, spousal support andmaintenance shall terminate upon the death of either party or remarriage ofthe spouse receiving support. The spouse entitled to support shall have anaffirmative duty to notify the payor spouse immediately of remarriage at thelast known address of the payor spouse.
(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.)
§ 20-109. Changing maintenance and support for a spouse; effect ofstipulations as to maintenance and support for a spouse; cessation uponcohabitation, remarriage or death.
A. Upon petition of either party the court may increase, decrease, orterminate the amount or duration of any spousal support and maintenance thatmay thereafter accrue, whether previously or hereafter awarded, as thecircumstances may make proper. Upon order of the court based upon clear andconvincing evidence that the spouse receiving support has been habituallycohabiting with another person in a relationship analogous to a marriage forone year or more commencing on or after July 1, 1997, the court shallterminate spousal support and maintenance unless (i) otherwise provided bystipulation or contract or (ii) the spouse receiving support proves by apreponderance of the evidence that termination of such support would beunconscionable. The provisions of this subsection shall apply to all ordersand decrees for spousal support, regardless of the date of the suit forinitial setting of support, the date of entry of any such order or decree, orthe date of any petition for modification of support.
B. The court may consider a modification of an award of spousal support for adefined duration upon petition of either party filed within the time coveredby the duration of the award. Upon consideration of the factors set forth insubsection E of § 20-107.1, the court may increase, decrease or terminate theamount or duration of the award upon finding that (i) there has been amaterial change in the circumstances of the parties, not reasonably in thecontemplation of the parties when the award was made or (ii) an event whichthe court anticipated would occur during the duration of the award and whichwas significant in the making of the award, does not in fact occur through nofault of the party seeking the modification. The provisions of thissubsection shall apply only to suits for initial spousal support orders filedon or after July 1, 1998, and suits for modification of spousal supportorders arising from suits for initial support orders filed on or after July1, 1998.
C. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, if astipulation or contract signed by the party to whom such relief mightotherwise be awarded is filed before entry of a final decree, no decree ororder directing the payment of support and maintenance for the spouse, suitmoney, or counsel fee or establishing or imposing any other condition orconsideration, monetary or nonmonetary, shall be entered except in accordancewith that stipulation or contract. If such a stipulation or contract is filedafter entry of a final decree and if any party so moves, the court shallmodify its decree to conform to such stipulation or contract.
D. Unless otherwise provided by stipulation or contract, spousal support andmaintenance shall terminate upon the death of either party or remarriage ofthe spouse receiving support. The spouse entitled to support shall have anaffirmative duty to notify the payor spouse immediately of remarriage at thelast known address of the payor spouse.
(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.)
§ 20-109. Changing maintenance and support for a spouse; effect ofstipulations as to maintenance and support for a spouse; cessation uponcohabitation, remarriage or death.
A. Upon petition of either party the court may increase, decrease, orterminate the amount or duration of any spousal support and maintenance thatmay thereafter accrue, whether previously or hereafter awarded, as thecircumstances may make proper. Upon order of the court based upon clear andconvincing evidence that the spouse receiving support has been habituallycohabiting with another person in a relationship analogous to a marriage forone year or more commencing on or after July 1, 1997, the court shallterminate spousal support and maintenance unless (i) otherwise provided bystipulation or contract or (ii) the spouse receiving support proves by apreponderance of the evidence that termination of such support would beunconscionable. The provisions of this subsection shall apply to all ordersand decrees for spousal support, regardless of the date of the suit forinitial setting of support, the date of entry of any such order or decree, orthe date of any petition for modification of support.
B. The court may consider a modification of an award of spousal support for adefined duration upon petition of either party filed within the time coveredby the duration of the award. Upon consideration of the factors set forth insubsection E of § 20-107.1, the court may increase, decrease or terminate theamount or duration of the award upon finding that (i) there has been amaterial change in the circumstances of the parties, not reasonably in thecontemplation of the parties when the award was made or (ii) an event whichthe court anticipated would occur during the duration of the award and whichwas significant in the making of the award, does not in fact occur through nofault of the party seeking the modification. The provisions of thissubsection shall apply only to suits for initial spousal support orders filedon or after July 1, 1998, and suits for modification of spousal supportorders arising from suits for initial support orders filed on or after July1, 1998.
C. In suits for divorce, annulment and separate maintenance, and inproceedings arising under subdivision A 3 or subsection L of § 16.1-241, if astipulation or contract signed by the party to whom such relief mightotherwise be awarded is filed before entry of a final decree, no decree ororder directing the payment of support and maintenance for the spouse, suitmoney, or counsel fee or establishing or imposing any other condition orconsideration, monetary or nonmonetary, shall be entered except in accordancewith that stipulation or contract. If such a stipulation or contract is filedafter entry of a final decree and if any party so moves, the court shallmodify its decree to conform to such stipulation or contract.
D. Unless otherwise provided by stipulation or contract, spousal support andmaintenance shall terminate upon the death of either party or remarriage ofthe spouse receiving support. The spouse entitled to support shall have anaffirmative duty to notify the payor spouse immediately of remarriage at thelast known address of the payor spouse.
(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.)
