Virginia's New Adultery Law: What Separating Spouses Need to Know

Historically, dating someone before divorce could expose a spouse to an allegation of adultery even if it occurred after the parties permanently separated. Effective July 1, 2026, Virginia law changed that.

Under the new law, adultery must have occurred prior to the last separation of the parties to be considered as a basis for divorce.

Why the Law Changed

The law previously produced results that many people found difficult to understand. Although spouses were often required to live separate and apart for six months or a year before finalizing their divorce, beginning a new romantic relationship in the meantime could still expose one spouse to an adultery allegation. A couple could be living separate lives, maintaining separate households, and moving forward with the divorce process, yet a post-separation relationship could still become the basis for an adultery claim.

The new law recognizes that, once a married couple permanently separates, the existence of a new romantic relationship should not, by itself, serve as the basis for an adultery claim solely because the parties remain legally married.

Are There Still Risks to Dating After Separation?

Yes, this legislative change does not necessarily mean that beginning a new relationship during a separation is a good idea. For example, introducing a new romantic partner to children too soon may become relevant in custody and visitation proceedings. In addition, spending marital assets in furtherance of a new relationship may still create financial issues with respect to equitable distribution. Furthermore, adultery is still considered a misdemeanor offense under Virginia criminal law.

Before making any decisions, it's worth discussing your circumstances with an experienced family law attorney because decisions made during the separation process can still affect the outcome of your divorce.

If you are considering a separation or divorce, or if you have questions about how Virginia's new adultery law applies to your situation, contact Dominion Law today for a confidential consultation.