Statutory Amendment to Virginia’s Adultery Law

Virginia is one of the handful of remaining states that still permit fault-based divorces. One such ground for a fault-based divorce is adultery. “Adultery” is defined as sexual intercourse that a married individual has voluntarily engaged in with someone other than their spouse.

This summer, Virginia has taken a significant step in reducing the impact that adultery may have on your divorce. Effective July 1, 2026, Virginia permits a divorce based on adultery only when the adultery “occurred prior to the date of the last separation of the parties.” Previously, the law permitted a spouse to obtain a divorce based on adultery but did not limit the ground to conduct that occurred prior to separation. Thus, this amendment creates an important distinction between adultery occurring before the parties’ last separation, and adultery occurring after that separation.

For complaints alleging adultery that are filed on or after July 1, 2026, the alleging spouse should be prepared to allege, and ultimately prove by clear and convincing evidence, that the adultery occurred before the parties’ last separation. Adulterous conduct occurring after the parties’ last separation may still be relevant to the issues of custody, equitable distribution and spousal support, but a party can no longer obtain a divorce based only on post-separation adultery.

If you believe you may have grounds to file for divorce based on adultery, there are three important dates you will want to identify: (i) the date of the alleged adulterous conduct; (ii) the date of your last separation; and (iii) whether any reconciliation or resumed cohabitation with your spouse changed which separation was the “last” separation.

If you have a pending divorce case on the grounds of adultery as of July 1, 2026, or if you do not have a case pending but have questions on how the new law applies to your situation, that you consult with a licensed Virginia attorney who can advise you based on your particular circumstances.