Does Cheating Affect Spousal Support in Virginia?

The quick answer

Yes—adultery can bar permanent spousal support to the spouse who cheated. Virginia law says a court shall not award permanent support to an adulterous spouse unless denying support would cause a manifest injustice based on (1) the parties’ relative fault and (2) their economic circumstances. Virginia Law

Want the full spousal support picture first? Start here: How Is Spousal Support Determined in Virginia? Collins Family Law P.C. –

How courts decide spousal support—then factor in adultery

First, judges weigh the statutory spousal support factors (income and needs, standard of living, duration of marriage, health, contributions, and more). Virginia law also tells courts to consider the circumstances that ended the marriage, including adultery. After that, if the spouse requesting support committed adultery, the court applies the adultery bar—and then asks whether the narrow manifest injustice exception applies. Virginia Law+1

For a refresher on divorce tracks while you consider support strategy, compare Contested vs. Uncontested Divorce in Virginia. Collins Family Law P.C. –

What “manifest injustice” really means

The exception is hard to meet. The judge must find—by clear and convincing evidence—that denying support would be so unfair it amounts to a manifest injustice, considering both relative fault and the parties’ financial realities. Virginia appellate decisions describe this as a narrow safety valve; courts often reverse when the record doesn’t meet the standard. Virginia Court System+1

Lawyers sometimes prove manifest injustice when, for example, the economically dependent spouse has severe health limits, contributed heavily over a long marriage, and the other spouse’s misconduct outweighs the affair. But results turn on the facts and the evidence you bring.

The burden of proof for adultery is high

Alleging adultery doesn’t make it so. In Virginia, the accusing spouse must prove adultery by clear and convincing evidence, usually with corroboration beyond testimony alone. Courts require compelling proof of sexual intercourse (or equivalent sexual acts)—not just suspicion, texts, or flirtation.

What about temporary support during the case?

Here’s the nuance many people miss: the adultery bar in § 20-107.1 targets permanent support. Judges can still award pendente lite (temporary) spousal support while the case is pending under § 20-103, using guideline-style calculations; the statute doesn’t build in the adultery bar at that stage. In practice, courts focus on need and ability to pay to maintain the status quo during litigation. Final support remains governed by the adultery rules above. Virginia Law+1

If you’re mapping timelines and next steps, skim How to File for Divorce in Virginia and How Long Does a Divorce Take in Virginia? for process context. Collins Family Law P.C. –+1

Practical scenarios (and how judges often view them)

1) Adulterous spouse seeks permanent support.

Court applies the bar, then evaluates manifest injustice.
Without strong proof on fault and finances, courts frequently deny permanent support. Virginia Court System

2) Accused spouse wants to avoid paying.

You still must prove adultery at the clear and convincing standard; weak proof won’t carry the day.

3) Temporary support request while the case is pending.

Courts may award pendente lite support despite an adultery allegation, to stabilize finances; final support can change after the evidence comes in. Virginia Law

4) Settlement instead of trial.

Many couples resolve support in a written agreement and proceed uncontested. This route lets you trade terms (e.g., property for support) and avoid evidentiary risk. See our Uncontested Divorce page for how agreements become final orders. Collins Family Law P.C. –

Evidence tips if adultery is in play

Stay disciplined. Don’t confront or inflame; preserve texts, emails, location data, and financial records calmly.
Think corroboration. Independent proof (third-party testimony, records) matters under the heightened standard.
Document finances. The manifest injustice analysis turns on budgets, health, employability, and disparities. Bring pay stubs, tax returns, medical notes, and a credible monthly budget. Virginia Law

For broader property questions that often intertwine with support, read How Is Marital Property Divided in Virginia? Collins Family Law P.C. –

FAQs Virginia clients ask us

If my spouse cheated, do I automatically avoid paying alimony?
Not automatically. You must prove adultery to the higher clear and convincing standard. Then the court still checks for manifest injustice before making a final decision. Virginia Law+1

If I cheated, can I still receive support?
Possibly—but only if you prove manifest injustice with strong evidence on fault and finances. Courts construe this exception narrowly. Virginia Court System

Does the adultery bar apply to temporary support?
Generally no—the statute addresses permanent support. Courts can award pendente lite support under § 20-103 while your case proceeds. Virginia Law

Should I litigate or settle?
It depends on your proof and goals. Many clients resolve support in a settlement agreement and finalize through an uncontested case, which can save time and cost. Compare options in Differences Between a Contested and Uncontested Divorce in Virginia. Collins Family Law P.C. –

Bottom line

Adultery can block permanent spousal support in Virginia, but the facts and evidence decide outcomes. Build (or challenge) the record with the correct burden of proof, understand the manifest injustice exception, and use pendente lite tools wisely while the case moves forward. When you align your strategy with the statute and the evidence, you protect both your rights and your long-term finances.