Virginia Code

Va. Code Ann. § 20-110 (2026)

Maintenance and support for a spouse to cease on remarriage

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage. Failure of such spouse to notify the payor shall entitle the payor to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney's fees and costs.

Code 1919, § 5111; 1944, p. 397; 1948, p. 593; 1975, c. 644; 2000, c. 221.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1953–2025 · leading case: Foster v. Foster, 77 S.E.2d 471 (Va. 1953).

Sort: Relevance Newest Treatment

Foster v. Foster, 77 S.E.2d 471 (Va. 1953). · cites it 9× “" Section 20-110 provides: "If any person to whom alimony has been awarded shall thereafter marry, such alimony shall cease as of the date of such marriage.”

Shoosmith v. Scott, 232 S.E.2d 787 (Va. 1977). · cites it 4× “In his petition for rehearing, Shoosmith, for the first time, relied upon Code § 20-110 1 to buttress his argument that the General Assembly had the reserved power to abrogate the otherwise valid support and maintenance provision of the 1959 *790 property settlement agreement…”

McLoughlin v. McLoughlin, 177 S.E.2d 781 (Va. 1970). · cites it 2× “Code § 20-110 (Repl. vol. 1960). The contract was entitled, “STIPULATION OF AGREEMENT IN ACCORDANCE WITH TITLE 20, PARAGRAPH 109, OF THE CODE OF VIRGINIA OF 1950, AS AMENDED”.”

McConkey v. McConkey, 215 S.E.2d 640 (Va. 1975). · cites it 2× “Section 20-110 of the Code of 1950, as amended, provides: “If any person to whom alimony has been awarded shall thereafter marry, such alimony shall cease as of the date of such marriage.”

Everett v. Tawes (Va. 2019). · cites it 5× “When the spouses have no minor children to support, Code § 20-107.1(H)(6) requires the final decree to state that spousal support obligations become “a judgment by operation of law” when due and unpaid.”

Shelly Marie Smith, n/k/a Shelly S. Davis v. William Robert Smith, III (Va. Ct. App. 2020). · cites it 4× “The Language of the Parties’ PSA Controls the Parties’ Obligations Although Davis contends that the trial court erred in its interpretation of Code § 20-110, that statute does not actually control the outcome of this case because Smith and Davis entered into a PSA, and it is the…”

Kathryn Jean Tawes v. James David Everett, II (Va. Ct. App. 2018). · cites it 2× “See Code § 20-110. The trial court did not err in denying husband’s request to modify the pendente lite order retroactively.”

James David Everett, II v. Kathryn Jean Tawes (Va. Ct. App. 2018). · cites it 2× “See Code § 20-110. The trial court did not err in denying husband’s request to modify the pendente lite order retroactively.”

Carole R. Montgomery v. John W. Montgomery (Va. Ct. App. 2017). “Specifically, the statute states that, “[e]xcept as provided by § 20-110, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of…”

James Joseph Mitchell, Jr. v. Susan Bauer Mainzer Mitchell (Va. Ct. App. 2025). “Retroactive Modification of Spousal Support “Except as provided by § 20-110, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice…”

Williams v. Williams, 12 Va. Cir. 172 (Henrico Cir. Ct. 1988). · cites it 2× “At the hearing, the Court was advised that the Respondent had remarried on July 24, 1987, and pursuant to Section 20-110 of the Code of Virginia, the spousal support ceased as of that date.”

Richard Dickover v. Sharon Seaton (Va. Ct. App. 2012). “Except as provided by § 20-110, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the…”

Show all 13 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.