If a spouse has had multiple affairs, will that affect her ability to be awarded spousal support?

Asked almost 2 years ago - Fredericksburg, VA

She has worked only spordically during our long marriage, but has a nursing degree and earning potential. I have evidence of multiple affairs and she is now stating that she will seek full spousal support because she feels "entitled". Do the affairs impact her position in any way?

Attorney answers (2)

  1. Kellam Thomas Parks

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Potentially, yes.

    If you can prove the adultery by clear and convincing evidence (higher standard than what is normally required in divorce cases for other issues) then by statute, she would be barred from spousal support unless she can show it would create "manifest injustice" based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties (which she would have to prove by that higher clear and convincing standard) See Virginia Code Sec. 20-107.1(B).

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  2. Chad L. Edwards

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree with everything Attorney Parks said. I would note, additionally, that if she has openly acknowledged any of the affairs, or even better, would acknowledge them in court, then the evidentiary standard would be met and you wouldn't have to worry about providing additional proof of adultery.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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