Adultery and Alimony in a Virginia Divorce

Virginia women going through a Virginia divorce may be able to receive alimony (spousal support) from their husbands depending the financial circumstances and contributions of both parties. However, there is a part of the law that may bar a prospective alimony recipient from being granted payments if there is proof that she has committed adultery.

We all know that accusations of cheating, whether or not they have any basis in fact, are very common in the breakdown of a relationship.

When leveling accusations, your husband may be honestly mistaken or using claims of adultery to diminish your position in the eyes of the court in order to avoid having to pay you alimony. Either way, it makes for a stressful situation that can put a woman's right to alimony in jeopardy.

Fortunately, the state of Virginia does not consider banning spousal support on the grounds of adultery unless there is proof that the adultery took place.

Virginia courts require solid proof of adultery, such as testimony from a private investigator and evidence (photos, etc.) of the extra-martial relationship. Obtaining such evidence requires time and money that the accusing party may not have.

Preliminary hearings where temporary or "pendente lite" (pending litigation) spousal support is decided do not offer enough time to introduce evidence for adultery, so accusations are unlikely to affect the granting of spousal support at this time unless your husband's receipt of this evidence is what led to your divorce situation.

A woman seeking a divorce in Virginia should consult with a knowledgeable Virginia divorce attorney to help explain legal rights as well as spousal support and child custody issues. A Virginia divorce attorney may be able to offer mediation to remedy conflicts over alimony, or will fight for you in court if necessary.

Learn more about Virginia separation agreements by visiting our library. 

At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer/Ferrebee represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation - (757) 425-5200.