Discovering your spouse’s infidelity can be heartbreaking, especially if you dedicated years to your home and family. Beyond the emotional betrayal, you worry about what this means for your financial security. In Virginia, you may have the chance to protect your financial well-being from an unfaithful spouse.
The Absolute Bar rule in Virginia
Under Virginia law, unfaithful spouses may not have the right to receive spousal support. While true, the courts recognize that this ban could lead to fundamentally unfair outcomes. A spouse who committed adultery may try to bypass the bar by providing evidence of your faults to diminish their own. They may also argue that denying support would be unfair based on their finances.
The high-level expectation to prove adultery
Even if you know your spouse cheated on you, you need to prove this in court by meeting these criteria:
- You need to have clear and convincing evidence to prove adultery.
- Your evidence should demonstrate physical affairs.
- You must prove adultery with corroboration from any independent source, such as witness testimony, admissions to third parties or circumstantial evidence.
Additionally, the courts consider whether you have forgiven your spouse. If a judge finds voluntary cohabitation after an affair, you can no longer use the absolute bar as a defense.
Safeguarding your financial future
Navigating these complexities requires a sharp legal strategy. If you are facing this betrayal, you do not have to walk the path alone. Reaching out to a divorce attorney can provide you with insights into your situation.