Q: Does post separation adultery negate the need to pay spousal support if proven in court?
A:
A Virginia judge shall deny spousal support to a spouse guilty of the fault ground of adultery, sodomy or buggery committed outside the marriage unless such denial would be a manifest injustice, after balancing the respective degrees of fault of the parties and the relative economic circumstances. Post separation adultery, sodomy or buggery committed outside the marriage can be considered as a fault ground as it prevents a reconciliation of the parties.
Anyone facing separation and divorce in Virginia should consult with an experienced Virginia divorce attorney.
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