Is it illegal to cheat on your spouse?
Generally legal and decriminalized, though it remains a crime in several U.S. states.
Adultery is not a crime in the vast majority of the United States, although it remains a misdemeanor or felony on the books in approximately 16 states. While criminal prosecutions are extremely rare and often considered unconstitutional, cheating carries significant weight in civil court during divorce proceedings. In 'at-fault' states, adultery can directly impact alimony awards, the division of marital property, and occasionally child custody decisions if the behavior is deemed harmful to the children.
RELEVANT LAWS
- NY Penal Law § 255.17Adultery defined as a class B misdemeanor
- VA Code § 18.2-365Adultery defined as a Class 4 misdemeanor
- NC Gen. Stat. § 52-13Alienation of Affections (Civil Tort)
- Uniform Code of Military Justice (UCMJ) Article 134Adultery as a punishable offense for service members
POTENTIAL PENALTIES
- Potential loss or reduction of alimony (spousal support) in at-fault jurisdictions
- Civil lawsuits for 'Alienation of Affections' or 'Criminal Conversation' in specific states like North Carolina
- Administrative discharge or court-martial for active-duty military personnel
- Nominal fines and rare misdemeanor charges in states where statutes remain active
JURISDICTION
Most states are 'no-fault' divorce jurisdictions where cheating has no legal impact, but several Southern and East Coast states maintain both criminal statutes and civil liability.
In North Carolina, juries have awarded multi-million dollar judgments to betrayed spouses who sued their partner's lovers for 'alienation of affections'.
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