Adultery Bar to Spousal Support Virginia Attorney

Virginia is one of the states where marital fault still carries direct financial consequence. Under Va. Code 20-107.1, adultery bars an award of permanent spousal support, subject to a narrow exception. Law Offices Of SRIS, P.C. handles spousal support litigation in Virginia circuit courts. Call (888) 437-7747.

The Bar and Its Exception

Va. Code 20-107.1(B) bars permanent spousal support to a spouse against whom adultery is proved. The exception applies where the court determines from clear and convincing evidence that denial would constitute a manifest injustice, based on the respective degrees of fault during the marriage and the relative economic circumstances of the parties. Both considerations are named in the statute. The exception is real but it is narrow, and it is not satisfied merely by showing that the barred spouse has less money.

What Proof Requires

Adultery is a fault ground under Va. Code 20-91 and it is not established by suspicion or by a spouse’s belief. Virginia requires clear and convincing evidence, a higher standard than applies to most issues in a civil case, and corroboration is required. That evidentiary threshold means allegations frequently fail even where the underlying suspicion is well founded, and it means the cost of pursuing the issue should be weighed against what the support exposure actually is.

Where the Issue Fits in the Case

Because the bar applies to permanent spousal support, the stakes depend on whether support would otherwise be awarded and in what amount — which turns on the thirteen factors in Va. Code 20-107.1 including the duration of the marriage, the standard of living established, and the earning capacity of each party. Va. Code 20-103 allows pendente lite support while the suit is pending, on a separate analysis. Fault also enters equitable distribution under Va. Code 20-107.3 as one of the eleven factors, on a different footing from the support bar.

Where the Suit Proceeds

Va. Code 20-96 gives the circuit courts of the Commonwealth exclusive original jurisdiction of all suits for divorce, so the divorce itself is heard in the circuit court for the county or city where venue lies. Juvenile and domestic relations district courts handle support and custody matters but cannot grant the divorce. Va. Code 20-97 requires six months of actual bona fide residence and domicile in Virginia before the suit is commenced.

Relief While the Case Is Pending

Va. Code 20-103 allows the court to enter pendente lite orders during the suit: compelling maintenance and support, providing for custody and support of minor children, granting exclusive use of the family residence, and enjoining the disposition of marital property. That relief is available on filing rather than at conclusion, which matters most where one spouse controls the assets.

Discovery and the Documentary Record

Financial disclosure is compulsory, and the exchange reaches tax returns with all schedules, statements for every account, entity records, and the documents behind any claim that property is separate. Complete production on a first request is the exception. The remedy is a motion, and a pattern of partial disclosure shapes how a court views the party well beyond the discovery dispute itself.

Settlement Posture

The productive window opens once appraisals and any forensic work have been exchanged, because only then can both sides see a realistic range, and it closes as trial preparation costs approach the amount genuinely in dispute. Trial remains right where a valuation gap cannot be bridged or where a party will not produce records. That decision deserves a written estimate of cost and realistic gain.

Frequently Asked Questions

Does adultery always defeat spousal support in Virginia?

It bars permanent spousal support when proved, unless the court finds from clear and convincing evidence that denial would be a manifest injustice based on the respective degrees of fault and the parties’ relative economic circumstances.

Which court hears a Virginia divorce?

The circuit court. Va. Code 20-96 gives the circuit courts exclusive original jurisdiction of all suits for divorce; juvenile and domestic relations district courts handle support and custody but not the divorce.

Does equitable distribution mean equal?

No. Va. Code 20-107.3 directs the court to weigh eleven statutory factors. An equal result is common in a long marriage but it is a conclusion rather than a starting rule.

What if my spouse controls the records?

Disclosure is compulsory and discovery reaches banks, brokerages, employers and entities. Incomplete production is addressed by motion, and Va. Code 20-103 allows the court to enjoin disposition of marital property while the suit is pending.

How long will this take?

It depends on the volume of discovery, whether appraisals are required, and the circuit court’s calendar. Matters resolved after the expert work is exchanged conclude sooner than those tried.

What should I bring to the first meeting?

Recent tax returns with all schedules, statements for every account, any premarital or postnuptial agreement, entity documents for any business interest, and a short written timeline.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a documentary record. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to complex financial cases, which is where a contested Virginia divorce usually turns. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys handle Virginia matters together.

Related pages

• Virginia spousal support
• Grounds for divorce in Virginia
• Virginia equitable distribution
• Virginia divorce and family law

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring tax returns, statements for every account, any agreement signed before or during the marriage, entity documents for any business interest, and a short written timeline. That material lets the first conversation move past intake and into the questions that decide the case.

Last updated: August 25, 2026

This page provides general information about Virginia family law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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