Virginia Specific

Adultery & Divorce in Virginia: How Cheating Affects Your Case

Virginia allows fault-based divorce, and adultery is one of the recognized grounds. Cheating can significantly impact your divorce — affecting alimony, property division, and even custody. Here's exactly how adultery affects divorce in Virginia.

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How Adultery Affects Divorce in Virginia

Adultery as grounds for divorce

Virginia recognizes adultery as fault grounds. Filing on fault can potentially speed up the process and affect financial outcomes.

Alimony: BARRED for cheating spouse

In Virginia, the spouse who committed adultery is barred from receiving alimony. This is one of the most significant financial consequences of cheating.

Property division

Adultery itself rarely changes property division directly. However, 'dissipation of marital assets' — spending marital money on the affair (gifts, hotels, trips) — can result in the cheating spouse receiving a smaller share.

Custody

Adultery alone rarely affects custody decisions. However, if the affair exposed children to inappropriate situations or the parent prioritized the affair over parenting, it can be relevant.

Adultery Is Still a Crime in Virginia

Adultery is a misdemeanor in Virginia. While prosecutions are extremely rare in modern times, the law remains on the books.

✓Classified as a misdemeanor
✓Prosecutions are virtually unheard of in practice
✓The law remains on the books but is considered largely unenforceable
✓The existence of the criminal statute may provide leverage in negotiations
✓Other states with criminal adultery laws include Michigan, Oklahoma, Wisconsin (felony) and several misdemeanor states

States Where Adultery Has the Biggest Impact

Georgia

Cheating spouse barred from alimony if adultery caused the separation. Adultery is also a misdemeanor.

South Carolina

Absolute bar to alimony for the cheating spouse. Adultery is a misdemeanor.

North Carolina

Cheating dependent spouse barred from alimony. Cheating supporting spouse MUST pay. Also allows alienation of affection lawsuits against affair partners.

Virginia

Adultery bars spousal support unless denial would cause 'manifest injustice.' Class 4 misdemeanor.

Texas

Proven adultery can result in disproportionate property division favoring the innocent spouse, plus reimbursement for money spent on the affair.

Dissipation of Marital Assets

✓Spending marital money on an affair (gifts, hotels, vacations, dinners) is called 'dissipation'
✓Dissipation claims are recognized in virtually every state — even no-fault states
✓The cheating spouse may be ordered to reimburse the marital estate
✓Or the innocent spouse may receive a larger share of the remaining assets
✓Evidence: credit card statements, bank records, Venmo/Zelle transfers, hotel receipts
✓Forensic accountants can trace spending patterns to uncover dissipation

Proving Adultery

✓Direct evidence: photos, videos, text messages, emails, social media messages
✓Circumstantial evidence: opportunity (hotel stays, unexplained absences) + inclination (romantic messages)
✓Phone records, GPS data, credit card statements showing patterns
✓Testimony from witnesses who observed the affair
✓Hiring a private investigator (legal in all states if done properly)
✓Social media posts and dating app profiles
✓Be careful: illegally obtained evidence (hacking phones, recording without consent) can backfire

Every situation is different

Dealing with infidelity in your divorce? Tell our AI advisor about your situation and understand the legal implications in Virginia.

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Legal Disclaimer: This article covers Virginia divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Virginia family law attorney for advice specific to your situation.