Adulterous Spouse May Still Receive Spousal Support? | DiPietro

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As we’ve discussed previously, adultery can significantly impact your divorce case. If your ex-spouse can prove that you cheated, the judge may refuse to award you any alimony or spousal support. However, there is an exception to this complete bar on spousal support, known as the “manifest injustice exception.” In a recent appellate opinion, the Virginia Court of Appeals addressed this exception.

The Manifest Injustice Exception

Section 20-107.1(B) of the Virginia Code states that:

“[T]he court may make [a spousal support] award notwithstanding the existence of [adultery] if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.”

Case Analysis: The Husband and Wife’s Respective Degrees of Fault

In determining whether the manifest injustice exception applied, the trial court examined the degrees of fault between the husband and wife. The evidence showed that the husband was a great father and spouse. He spent his free time with the family, took them on vacations, made most of the family’s income, and supported his wife’s hobbies. In contrast, the wife had cheated on the husband on multiple occasions, which directly led to the divorce.

The Couple’s Financial Circumstances

While the wife was clearly at fault, the court still had to evaluate the financial circumstances of both parties, as required by the statute. Although the wife would need to re-enter the workforce following the divorce, both husband and wife were leaving the marriage with over $1 million in assets. Additionally, the husband had agreed to cover their children’s college expenses, including medical school for one child and undergraduate tuition for the other.

Despite this evidence, the trial court awarded the ex-wife monthly alimony payments.

Appellate Court’s Reversal

The appellate court had no difficulty reversing the trial court’s alimony award. It found that the manifest injustice exception did not apply and that the ex-wife was not entitled to alimony. The court concluded:

“[i]t would be a manifest injustice to require a faultless spouse to pay support to a work-capable, millionaire spouse, guilty of repeated acts of adultery.”

Conclusion

While an exception to the bar on alimony for cheating spouses exists, this case demonstrates that Virginia courts will not be overly lenient when applying it. Each case depends on its unique facts, and here, the relative fault was clear.

However, not all situations are as straightforward. If infidelity becomes an issue in your relationship or divorce, it’s crucial to consult with a knowledgeable family law attorney right away.

Need Legal Help?

If you’re going through a divorce or any other family law issue, the DiPietro Family Law Group is here to help. Our experienced family lawyers will give you the time and attention you deserve.

Contact the DiPietro family law attorneys today to schedule a consultation at (888) 530-4374.

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