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

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. 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).

    Law Office of Kellam T. Parks, PLLC
    4164 Virginia Beach Blvd., Suite 204
    Virginia Beach, VA 23452
    (757) 453-7744

    IMPORTANT INFORMATION: Addressing your issue does not create an attorney-client relationship and I am not providing legal advice. I encourage you to personally contact an attorney who practices in the area of law in order to provide all relevant information before taking any action.

  2. 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.

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