Discovering your spouse’s infidelity is devastating enough, but facing their demand for alimony can feel like a slap in the face. You might wonder if their cheating affects their right to spousal support. In Virginia, the answer is not straightforward. The law considers many factors when deciding on alimony, and infidelity is just one piece of the puzzle. Let us explore your options and what you can do to protect your interests.
Can you deny alimony based on adultery?
In Virginia, adultery can affect alimony decisions. The court may deny alimony to a spouse who committed adultery unless denying support would cause apparent unfairness and if both parties cheated.
However, proving adultery can be challenging. You need compelling evidence, including any witness testimony, photos or videos, text messages or emails and any credit card statements showing unusual purchases. Remember, even if you prove adultery, the court may still award alimony if denying it would cause apparent unfairness.
How can you reduce the alimony amount?
If you cannot deny alimony outright, you might still be able to reduce the amount. Virginia courts consider these factors when determining alimony:
- The length of the marriage
- Your financial resources and needs
- Both your earning capacity
- The standard of living during the marriage
- Contributions to the family’s well-being
To potentially reduce alimony, you could:
- Gather evidence of your spouse’s financial resources
- Demonstrate their ability to become self-supporting
- Show how their adultery negatively impacted your finances
Again, any changes or reduction to the amount of your alimony also hinges on your spouse’s capacity to support themselves and your children, if there are any.
What steps should you take to protect your interests?
Divorce is already a challenging and complex process. However, cheating adds more emotional stress and makes alimony hard to consider. The law can offer some protection, but sorting it out takes time. Having an attorney who knows Virginia family law can help you with the legal parts. They guide you in gathering evidence, presenting your case well, and ensuring you do not miss key details. With good legal support, you can aim for a fair outcome that considers your spouse’s cheating and your financial needs.