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Spousal Support / The Adultery Bar
Spousal Support · Virginia
When adultery blocks support.
In Virginia, proven adultery can bar a spouse from receiving spousal support entirely. But the rule has a narrow exception, and the proof standard is high. Here is how the adultery bar actually works.
First call is a conversation, not a commitment. · By Alisa Chunephisal, Esq.
The Short Answer
Here is the answer: a spouse who is proven to have committed adultery is generally barred from receiving spousal support in Virginia. There is one narrow exception: a court can still award support if denying it would be a manifest injustice, weighing both spouses' economic circumstances and their degrees of fault. Adultery has to be proven by clear and convincing evidence, which is a high bar.
What It Is
A fault ground that closes the door.
Adultery is one of the few things in Virginia family law that can shut the door on spousal support completely. But the rule is narrower and harder to use than people expect, on both sides.
The general bar.
Under Va. Code section 20-107.1(B), a spouse who is proven to have committed adultery is generally barred from receiving spousal support. This is different from the thirteen factors, where fault is just one thing the court weighs. Here, proven adultery by the spouse who wants support can take support off the table entirely.
The manifest injustice exception.
The bar is not absolute. A court can still award support, even after adultery is proven, if denying it would be a manifest injustice. The judge weighs two things: the comparative economic circumstances of the parties, and their respective degrees of fault. This exception is narrow and hard to win. It is meant for cases where the result would otherwise be deeply unfair, not for ordinary situations.
The proof standard.
This is what most people underestimate. Adultery must be proven by clear and convincing evidence, a higher standard than the usual civil one. In most civil matters you only have to show that something is more likely than not. For adultery you have to go further, to clear and convincing. Suspicion, a gut feeling, or even strong circumstantial hints may not be enough on their own. Proving adultery is one of the harder things to do in family law, which is exactly why the evidence comes first.
The general barA spouse proven to have committed adultery is generally barred from receiving support.
The exceptionA court can still award support where denial would be a manifest injustice.
The proof standardAdultery must be proven by clear and convincing evidence, a high bar.
Who it applies toThe bar runs against the spouse seeking support, not the one paying it.
The Bar And Its Exception
Virginia Code § 20-107.1(B) generally bars a spouse who committed adultery from receiving spousal support, unless the court finds that denial would constitute a manifest injustice based on the parties' respective degrees of fault and economic circumstances.
Source: Virginia Code § 20-107.1(B)
Alisa Chunephisal, Esq.Family Law Attorney
Attorney Insight
A few honest words from Alisa.
"If adultery touches your case, you are likely carrying hurt on top of everything else. I will never add judgment to that weight. We will look at the evidence together, honestly, and protect what matters to you."
Whether you are raising adultery or defending against it, start with the evidence, because the standard is clear and convincing, not a hunch. I have seen clients certain their spouse cheated who still could not meet the standard, and I have seen the bar used to wipe out a support claim entirely. Both happen. If you are the one raising it, understand that clear and convincing evidence is a real climb, and build your proof carefully. If you are the one facing it, know that the manifest injustice exception exists and that the burden is on the other side. Either way, the case is won or lost on evidence, so that is where we start.
Questions Clients Ask
Plain answers about the adultery bar.
These are the questions we hear most about this part of spousal support. If yours is not here, we are glad to answer it on a first call.
Have a specific question?
Call 571.260.0999 or send us a message.
Does adultery bar spousal support in Virginia?
Generally yes. A spouse who is proven to have committed adultery is usually barred from receiving spousal support, under Va. Code section 20-107.1(B). It is one of the few fault grounds that can take support off the table completely.
Is there any exception?
Yes, a narrow one. A court can still award support, even after adultery is proven, if denying it would be a manifest injustice. The judge weighs the parties' comparative economic circumstances and their respective degrees of fault. It is hard to win.
How is adultery proven?
By clear and convincing evidence, which is a higher standard than the usual civil more-likely-than-not test. Suspicion is not enough. Proving adultery is one of the harder things to do in a Virginia family law case.
Does adultery affect the paying spouse?
The bar applies to the spouse seeking support. Adultery by the paying spouse does not bar them in the same way, though fault can still be weighed among the thirteen factors when the court sets an award.
When You Are Ready
Is adultery part of your case?
Whether you are raising it or defending against it, the outcome turns on evidence. Bring us the facts and we will tell you honestly where you stand. Three offices across Northern Virginia, one phone number.