Can Cheating Affect How Much Alimony You Receive in Virginia?

 Posted on June 18, 2025 in Divorce

In the Commonwealth of Virginia, cheating on your spouse is not just a private issue. It can carry serious legal consequences during divorce. Unlike many other states, Virginia continues to allow fault-based divorce grounds, and cheating on your spouse remains one of the most significant. When spousal support is a part of the divorce, proof of infidelity can change the outcome. In some cases, it can prevent alimony altogether.

For those in long-term marriages or financially unbalanced relationships, understanding how adultery affects spousal support is critical to protecting your interests. Call Loudoun County, VA divorce attorney Nicole M. Burns, Attorney at Law to learn more.

What Does Virginia Law Say About Cheating and Spousal Support? 

Under Virginia Code § 20-107.1, the court may award spousal support. However, the statute also includes a strong presumption against awarding support to a spouse who committed adultery. This is not an automatic disqualification, but the burden shifts significantly. If the court finds that the recipient spouse engaged in adultery, the presumption is that no spousal support should be awarded. The spouse who wants spousal support then has to successfully challenge that presumption. This provision makes Virginia one of the few jurisdictions where marital misconduct can still have direct financial consequences.

Would There Be Manifest Injustice?

Despite the presumption, the court is permitted to award spousal support to a spouse who has cheated if denying support would constitute a "manifest injustice." This is a high bar. The court will consider both the fault of each party and the economic circumstances of both spouses. A spouse who has been financially dependent for decades or who is unable to support themselves due to age or disability may still be eligible for support, even in the face of proven adultery.

Judges evaluate these exceptions carefully. The evidence must show that denying support would result in serious, unfair harm. Even then, the support amount may be limited or temporary.

Proving Adultery in Virginia Divorce

One of the more unpleasant consequences of this law is that the accusing spouse must prove adultery by clear and convincing evidence. This is a higher standard than the preponderance of evidence used in most civil cases. Proof may include photographs, messages, emails, or the testimony of third parties. Sometimes a private investigator is used.

However, circumstantial evidence may also be sufficient. Courts consider patterns of behavior, credibility, and the totality of the circumstances. Allegations alone are not enough, however; real proof is essential. Additionally, the adultery must have happened before the parties separated and filed for divorce; post-separation conduct may not carry the same weight.

Allegations of adultery add serious and difficult emotional weight to divorce. When support is on the line, the stakes are especially high. Whether you are defending against allegations of adultery or considering whether to raise them, you should speak with a knowledgeable attorney who understands the court’s approach in Northern Virginia.

Work With a Loudoun County, VA Divorce Lawyer Who Knows Virginia Alimony Law

If you are considering divorce in the Commonwealth of Virginia and spousal support is at issue, a solo practitioner with over 15 years of experience can provide clear, steady guidance during this process. The law is specific, the consequences are serious, and the outcome can change the course of your financial future. Nicole M. Burns, Attorney at Law understands this better than anyone.

Call our Fairfax County, VA divorce attorney at 703-373-4761 to schedule a consultation and learn more about your options.