Can I sue my husband if he cheats?

Asked by: Helene Kohler Jr.  |  Last update: August 27, 2025
Score: 4.9/5 (50 votes)

It may be difficult to believe, but cheating on your spouse is actually illegal in Florida. Pursuant to Florida Statutes, §798.01, if either party involved in the cheating is married and they “live in an open state of adultery,” both parties are guilty of a second-degree misdemeanor.

What to do if your husband keeps cheating on you?

8 Tips for Coping When Your Partner Is Unfaithful
  1. Accept Your Feelings.
  2. Don't Seek Revenge.
  3. Try to Take Care of Yourself.
  4. Avoid the Blame Game.
  5. Keep Your Kids out of It.
  6. Get Practical.
  7. Take It One Day at a Time.
  8. Seek Counseling.

What are my rights if my husband is cheating?

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

Can you sue your husband for cheating?

Some states allow spouses to sue for damages caused by infidelity, like alienation of affection or emotional distress. However, many states have ``no-fault'' divorce laws, which means infidelity may not directly impact the divorce proceedings or financial settlements.

Can you get money if your husband cheats?

Technically yes the infidelity in most states allow a forfeiture of assets. Though proving it sufficiently and the attorneys fees will eat it up fast. So unless he's stupid rich in which case they likely have a prenup arrangement saying no.

What Rights Do You Have If Your Spouse Cheats On You?

41 related questions found

Can I sue my husband for financial infidelity?

This is often handled within the divorce process rather than as a separate lawsuit. While direct lawsuits for the act of financial infidelity are not typically viable, the legal system provides mechanisms through divorce and marital property laws to address and remediate the financial damage caused by such actions.

Do you still get half if your spouse cheats?

If a wife cheats during the marriage, then her spouse may be much less willing to negotiate and resolve this issue. Unfortunately, cheating does not impact what a wife is entitled to during the divorce, so an unfaithful spouse is still entitled to half of all community property.

What states are homewrecker laws in?

Have you ever wanted to sue someone you believe broke up your marriage -- a "homewrecker?" Well, in six states -- Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah -- you can. In those six states, the "Alienation of Affection" claim is an option.

How much can you sue for infidelity?

In California, infidelity is not a crime or tort (civil wrongdoing), meaning there is no legal consequences of committing adultery and you cannot file a lawsuit against your spouse for having an affair.

Can a spouse go to jail for cheating?

In practical terms, committing adultery poses very little threat of prosecution, but it could have civil consequences, such as impacting custody battles during a divorce, says Melissa Murray, law professor at the University of California-Berkeley.

How can I prove my husband cheated?

Videos, photos, and testimony may all be used as evidence of adultery. Some people hire private investigators to follow their cheating spouse and document any affairs. Any videos or photos obtained by the private investigator could potentially be used as evidence of the affair.

What states is it illegal to cheat on your husband?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

Can I get alimony if my husband cheated?

Code § 4320 (2022).) Still, because spousal support is based on need and ability to pay, it's highly unlikely that evidence of adultery would affect an alimony award under current California law. Except when one spouse is guilty of domestic violence, alimony isn't meant to punish spouses for their behavior.

What does God want me to do if my husband cheated?

Be kind to one another, tenderhearted, forgiving one another, as God in Christ forgave you.” (Eph 4:31-32) To bring the wrong up again and again is unhelpful. When the hurt has been shared with the spouse, forgiveness has taken place, it is key to concentrate on the positive instead of the negative.

Should you stay with a spouse who cheated?

Only you can decide if you should stay or leave if your partner has cheated on you. Cheating doesn't have to mean the end of the relationship, particularly if it was truly a one-time thing and your partner is genuinely regretful and remorseful.

What are my rights if my husband cheated on me?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

Can you sue a cheating spouse for emotional distress?

Intentional Infliction of Emotional Distress.

You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.

How is infidelity proven in court?

Infidelity is hard to prove in court. In order to win, you need to prove that your spouse had every intention of committing adultery, that they were afforded a window of opportunity in which to commit the adulterous act, and that they knowingly and willfully engaged in sexual relations with someone else.

How much does an infidelity investigation cost?

In California, hiring a private investigator for an infidelity investigation typically ranges from $100 to $200 per hour, with specialized services escalating to over $500 per hour.

Is it worth suing for alienation of affection?

The only time it is beneficial to sue for alienation of affection is if divorce, due to an affair, leaves you financially damaged and you need the courts to award you monies to help you survive after the divorce.

In what states can you sue your spouse for cheating?

Where Can You Sue?
  • Hawaii.
  • Mississippi.
  • New Mexico.
  • North Carolina.
  • South Dakota.
  • Utah.

What states are no fault marriage states?

In the States of Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Illinois, Iowa, Indiana, Hawaii, Florida, Colorado and California, a person seeking a divorce is not permitted to allege a fault-based ground (e.g. adultery, abandonment or cruelty).

Can a man who cheats on his wife still love her?

A man can cheat and still wholeheartedly love his wife. Infidelity can happen even in happy marriages, and it's important to understand that it's not your fault. There's no one right answer to how you move forward from betrayal. You already know the options: You can forgive and work on the relationship or end it.

Can you leave your husband if he cheats?

It is completely up to each individual to make the difficult decision whether they stay in the relationship or end it. Your decision may depend on whether you suspect your partner has cheated one time or is a serial cheater.

Do you get more money if your husband cheats?

Many people believe they should get more money in the divorce because the other spouse cheated. However, divorce laws do not work that way. They focus on economic fairness not punishing people for bad behavior.