For reasons discussed below, it has been impossible for a family law practitioner to advise a client. During the 2018 Session, the Virginia General Assembly amended the statute governing modification of spousal support, Virginia Code § 20-109. Unfortunately, the amendment is of no help in answering the question.The Basics of Modification of Spousal Support The first question is whether the spousal support award can be modified by the court.

, this case has the potential to be a headline-grabbing decision in 2016. Two assignments of error capture the import of the case: The Court of Appeals erred by holding that the term “cohabiting with another person in a relationship analogous to a marriage” as used in Virginia Code § 20-109 does not include cohabitation of same-sex couples. The Court of Appeals erred by holding that the term “cohabitation” as used in the parties’ property settlement agreement and divorce decree does not include cohabitation of same-sex couples.The Issue The facts (as outlined in the decision by the Court of Appeals) are as follows.