In high-asset divorces, the financial stakes and privacy concerns can be significant. For cases in Virginia, adultery can have serious legal consequences that can impact spousal support.
Under state law, a spouse who commits adultery generally cannot receive long-term support. However, the manifest injustice exception may apply if enforcing that rule would be unfair. Understanding how Virginia courts balance marital fault against financial fairness can help both payors and recipients find the best path forward during a divorce.
The general rule to bar support
In Virginia, spousal support is not an automatic award in all divorces. Judges generally must consider all factors that led to the end of the marriage, including infidelity.
As a result, a spouse who commits adultery is generally not entitled to long-term support. However, the other spouse must present clear and convincing evidence to a court in Virginia in order to prove infidelity.
What is the manifest injustice exception?
Due to the court’s standards for proof, a judge can bypass the adultery bar if there is strong evidence that denying support would result in manifest injustice. This means that the decision would be seriously unjust for the recipient. To decide if there is manifest injustice, the court looks at two main things: each spouse’s level of fault and their financial situation.
For fault, the court reviews what each spouse did during the marriage and how much each contributed to the breakup. This can include abuse, neglect or infidelity by either spouse. The court also compares the spouses’ finances, such as income, debts and each person’s ability to support themselves after the divorce.
Why this matters for high-net-worth individuals
In Arlington, where the cost of living is high, a spouse who has not worked in decades may argue that being left with no support would be manifestly unjust, even if adultery occurred. In deciding whether to award support, a judge may weigh the fault associated with the affair against the possibility that one spouse would end up in serious financial hardship while the other continues to retain substantial wealth, including a multi-million-dollar estate.
These cases can be especially sensitive for high-profile professionals, since reputation and privacy may be important concerns. This often makes discreet litigation a valuable way to resolve the dispute with less public exposure.
Strategies for managing the gray areas
For payors, it is important to document any wrongdoing and collect evidence to challenge the exception. This helps protect income and reduce or avoid a support award. Keeping records, messages and other evidence can show what led to the divorce and how support would affect finances.
Recipients can focus on building a strong case for manifest injustice by showing long-term contributions to the marriage, including:
- Raising children
- Maintaining the household
- Supporting the other spouse’s career
- Showing professional sacrifices made along the way
By demonstrating both the extent of those sacrifices and the financial imbalance between spouses, recipients can better show how denying support would be unfair.
When telling the stronger story matters
Adultery does not automatically end the conversation about spousal support payments in Virginia. Whether you are seeking to enforce the adultery bar or arguing for the manifest injustice exception, the outcome often hinges on the strength of your evidence and the persuasiveness of your narrative. Working with a legal professional can help you secure a favorable resolution.
