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.
A bill introduced in the 2025 session aimed to amend Section 20-91 to eliminate post-separation adultery as a ground for divorce. Proponents argued that post-separation relationships should not penalize individuals in divorce proceedings, as the marriage is effectively over once spouses live apart. They contended that removing this ground would modernize Virginia's divorce laws, reduce contentious litigation, and align with no-fault divorce trends, such as the existing one-year separation ground under Section 20-91(9). The bill passed both chambers of the Democratic-controlled General Assembly, reflecting a push for progressive reform in a state with deeply rooted traditional values.
However, Governor Glenn Youngkin, a Republican known for his record-breaking vetoes, swiftly rejected the bill. In his veto statement, Youngkin emphasized the importance of preserving Virginia's legal framework for marriage, arguing that adultery, even post-separation, undermines the sanctity of the marital bond until a final decree is entered. He cited the Coe v. Coe decision, which held that adultery during separation violates the marital covenant, justifying its retention as a fault ground. Youngkin's veto aligns with his broader legislative approach, as seen in his rejection of 157 bills in the 2025 session, including measures he deemed contrary to Virginia's interests. His action ensures that adultery remains a potent factor in divorce cases, potentially affecting alimony and equitable distribution.
This veto underscores Virginia's commitment to its historical approach to marriage and divorce, balancing fault-based and no-fault grounds. For Virginians navigating divorce, Section 20-91 continues to allow adultery to influence court outcomes, encouraging spouses to uphold fidelity or risk legal consequences. Youngkin's decisive action reinforces the state's reputation as a place where traditional values hold firm, even as societal norms evolve. As the General Assembly prepares for future sessions, this debate highlights the tension between modernization and tradition, with the Governor's veto pen standing as a formidable barrier to change. For now, Virginia's divorce laws remain anchored in precedent, preserving the legacy of Coe v. Coe and the enduring relevance of Section 20-91.
It seems likely that in the next term or soon after that, post-separation adultery will eliminated as grounds for divorce.
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