In which US states is adultery illegal?

Asked by: Frederik Stracke  |  Last update: January 31, 2026
Score: 4.2/5 (34 votes)

Adultery is technically illegal in about 16 U.S. states, mostly in the South, but is rarely prosecuted and often considered a relic, with laws existing primarily as grounds for "fault" divorces; states like Oklahoma, Michigan, and Wisconsin classify it as a felony, while others treat it as a misdemeanor, though enforcement has dwindled since Supreme Court rulings.

Where is adultery illegal in the US?

States Where Adultery Is a Crime. Adultery remains a crime in Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Michigan, Mississippi, Oklahoma, South Carolina, and Wisconsin. Below are a few examples. Georgia.

What states don't allow cheating?

Just don't cheat in Wisconsin!

  • Arizona. ...
  • Florida. ...
  • Illinois. ...
  • Idaho. ...
  • Kansas. ...
  • Minnesota. ...
  • Massachusetts. ...
  • Michigan.

In what states can you sue your spouse for cheating?

Actually, six states allow a lawsuit for tortious interference with marital relations. These states are Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah. New York is not one of them.

In what state is it illegal to cheat on your significant other?

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

What States Is Adultery A Felony? - CountyOffice.org

33 related questions found

What US state has the highest infidelity rate?

Infidelity rates vary by survey, but recent studies point to Hawaii, Louisiana, Kentucky, and Alaska often ranking high for partners admitting to cheating, while Texas, Alabama, Nebraska, Florida, and Georgia also appear frequently in top lists, alongside cities like Miami and Orlando. These findings often stem from polls on dating/infidelity sites (like Ashley Madison) or relationship surveys (like NapLab's) asking users about their experiences. 

What's the difference between infidelity and adultery?

Infidelity is the broad term for breaking trust in any committed relationship (emotional or physical), while adultery is a specific type of infidelity involving sexual intercourse between a married person and someone other than their spouse, often carrying legal or religious weight. In short, adultery is a subset of infidelity; all adultery is infidelity, but not all infidelity is adultery (e.g., emotional cheating in an unmarried couple). 

What states are homewrecker laws in?

How many states have homewrecker laws? Alienation of affection lawsuits can still be brought in at least five states: Mississippi, Hawaii, North Carolina, South Dakota, and Utah, according to a 2016 Duke Law Journal article.

Can I sue the woman my husband cheated on me with?

The only way to sue someone your spouse had an affair with is to file a claim against them for intentional infliction of emotional distress. It is very difficult to file this type of claim during or after divorce.

What kind of evidence do you need to prove adultery?

To prove adultery in court, you need strong circumstantial or direct evidence showing opportunity (circumstances allowing intimacy) and inclination (romantic or sexual interest), such as texts, photos, financial records for gifts/hotels, or witness testimony, proving sexual intercourse occurred, but you must gather evidence legally. Direct proof (like a sex tape) is rare, so combining evidence like phone records (calls, texts), hotel receipts, social media posts, or financial statements for gifts/trips is common, focusing on showing the spouse had the means and desire to have sex with someone else. 

What happens legally if you cheat while married?

Is Cheating Ever a Crime in California? Adultery is not considered a criminal offense in California. Therefore, despite how much it can impact a marriage, it cannot carry any criminal penalties. There are, however, some circumstances that involve cheating that may also include criminal charges.

What state has the least infidelity?

The Top 10 U.S. states with the fewest cheaters are:

  • North Carolina (71.33)
  • Minnesota (71.51)
  • Maine (71.84)
  • Mississippi (76.87.
  • Missouri (78.15)
  • Nebraska (79.69)
  • California (80.58)
  • Washington (81.63)

What is the punishment for adultery in Dubai?

FAQs regarding Adultery in Dubai

Adultery, Islamic law, or Sharia, forbids adultery and makes it a criminal offense. Those found guilty might be deported and sentenced to up to three years in prison.

How common is adultery in the USA?

The Kinsey Reports found that around half of men and a quarter of women studied had committed adultery. The Janus Report on Sexual Behavior in America also reported that one-third of married men and a quarter of women have had an extramarital affair.

Is a wife entitled to half if she cheated?

Generally, a wife who cheats still gets half of the marital assets in a divorce because most U.S. states are "no-fault," focusing on fair, not punitive, division based on financial factors, not morality; however, infidelity can affect outcomes if marital funds were spent on the affair or in fault-based states, though typically it doesn't change the 50/50 asset split. 

When did adultery stop being illegal in the US?

Until the mid-20th century, most U.S. states (especially Southern and Northeastern states) had laws against fornication, adultery or cohabitation. These laws have gradually been abolished or struck down by courts as unconstitutional. State criminal laws against adultery are rarely enforced.

What is emotional cheating in a marriage?

Emotional infidelity in marriage is forming a deep emotional bond with someone outside the relationship, sharing intimate thoughts, secrets, and support that should be reserved for a partner, often involving secrecy and deception, which undermines the primary relationship's trust and intimacy, even without physical contact. It happens when a spouse turns to an "outsider" for emotional needs, creating distance and betrayal, and can feel more devastating than physical affairs as it erodes the core emotional connection.
 

What if I suspect my husband is cheating but I have no proof?

Consider talking to a relationship counselor or therapist who can provide professional guidance when you feel your husband is cheating but there is no proof. A counselor can offer strategies to handle the situation and help you communicate effectively if you suspect your husband is cheating but there is no proof.

What am I entitled to if my husband cheats?

What am I entitled to if my partner cheated? You are entitled to a fair division of marital assets based on your needs and contributions, irrespective of your reason for divorce. Adultery does not grant any additional rights or entitlements in the financial settlement.

In what states is it a crime to cheat on your spouse?

Adultery remains a criminal offense (misdemeanor or felony) in several U.S. states, primarily in the South and Midwest, including Oklahoma, Michigan, Wisconsin, Florida, North Carolina, Arizona, Illinois, and others, though enforcement is rare; while it's a felony in Michigan, Oklahoma, and Wisconsin, many states treat it as a misdemeanor with potential fines and jail time, but some, like California, don't criminalize it at all, and some have decriminalized it.
 

Who is Kyrsten Sinema?

Kyrsten Lea Sinema (/ˈkɪərstən ˈsɪnəmə/ KEER-stən SIN-ə-mə; born July 12, 1976) is an American politician, lawyer, and former social worker who served from 2019 to 2025 as a United States senator from Arizona. A former member of the Democratic Party, Sinema became an independent in December 2022.

What is the 80/20 rule in infidelity?

The 80/20 rule in the context of cheating suggests that people often cheat to find the missing 20% of fulfillment they feel their primary partner doesn't provide, while overlooking the 80% of needs that are met. This theory, adapted from the Pareto Principle, explains infidelity as a search for perceived deficits (excitement, validation, physical attributes) in someone new, often leading to the loss of the stable, satisfying 80% in the existing relationship, as seen in movies like Why Did I Get Married?.
 

What is a sexless marriage?

A sexless marriage is typically defined as one where couples have sex less than 10 times per year, and it can stem from deeper issues like communication breakdowns or health problems, often leading to emotional disconnect and avoidance of physical touch.

What is the big five of infidelity?

Previous literature has identified characteristics of the partner involved in infidelity; this study investigates the Big Five personality traits (openness, conscientiousness, extraversion, agreeableness, and neuroticism) of uninvolved partners.