Governor Youngkin Vetoes Bill to Eliminate Post-Separation Adultery as Divorce Ground, Upholding Virginia’s Traditional Marriage Laws
In the 2025 Virginia legislative session, a significant debate unfolded over the state’s divorce laws, specifically regarding post-separation adultery as a ground for divorce under Section 20-91 of the Virginia Code. This section outlines the grounds for divorce, including adultery, which remains a fault-based ground alongside others like cruelty, desertion, or felony conviction. Adultery, defined as a Class 4 misdemeanor under Virginia Code Section 18.2-365, carries weight in divorce proceedings, impacting spousal support, property distribution, and custody decisions. The Virginia Supreme Court’s ruling in Coe v. Coe which clarified that adultery committed after separation but before a final divorce decree remains a valid ground for divorce, reinforcing the state’s stance on marital fidelity until the marriage is legally dissolved. Governor Youngkin vetoed the bill.
