Is adultery illegal in Florida?

Asked by: Marlee Keebler  |  Last update: December 27, 2025
Score: 4.5/5 (4 votes)

Although not specifically defined in Florida law, courts generally define adultery as voluntary sexual intercourse between a married person and someone other than that person's spouse. Adultery is a crime in Florida, so the state could prosecute you for the misdemeanor if your spouse catches and reports you.

What is the penalty for adultery in Florida?

In cases where the adultery laws are enforced, a married person found guilty of sleeping with someone other than a spouse could face up to 60 days in prison and/or a fine. A person who isn't married, but sleeping with someone who is, couldn't be charged with the crime of adultery.

In what state is adultery illegal?

Adultery laws by state

Adultery is also a misdemeanor in Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, New York, North Carolina, North Dakota, Rhode Island, South Carolina and Virginia.

Is there a difference between adultery and infidelity?

Key Differences Between Infidelity and Adultery Infidelity encompasses a wide range of betrayals, including emotional, physical, financial, and cyber. Adultery, on the other hand, is strictly related to physical sexual acts outside of marriage. Adultery only applies to married individuals.

Can you sue someone for cheating in Florida?

I understand. Unfortunately, Florida law does not allow you to sue your spouse for adultery. However, Florida does criminalize open adultery as a misdemeanor crime. Having said that, the law is rarely, if ever, prosecuted. However, technically, it's still on the books as a crime.

Is Adultery Illegal in Florida // Vasquez de Lara Law Group

19 related questions found

Is sexting considered adultery in Florida?

No, sexting is not adultery as defined by criminal laws. Adultery crimes must involve sexual intercourse. However, sexting could be used as evidence in an adultery prosecution or divorce proceedings (if allowed).

Can I sue the man that slept with my wife?

Criminal conversation is a tort that lets you sue someone who had sex with your spouse during your marriage. To show criminal conversation, you must prove the following elements: You were in a valid marriage with your spouse. The party you are suing (called the “defendant") had sex with your spouse during your marriage.

Is kissing considered adultery?

2. Adultery covers all types of sexual behaviour. Legally, adultery only covers sexual intercourse, which means behaviours such as kissing, webcam, virtual, and “emotional adultery” do not count for the purposes of getting divorced. This makes adultery very hard to prove if your spouse will not admit to it.

Is adultery an unforgivable sin?

Marital infidelity is not an unforgivable sin. The reason is that there is no such thing as a sin that cannot be forgiven. At least within Catholicism, as I understand it, any act whatsoever can be forgiven if one confesses that act with appropriate contrition and receives the sacrament of absolution.

What qualifies as adultery?

Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage .

What is the punishment for adultery in USA?

In USA, laws vary from state to state. Although rarely prosecuted, but adultery is still on the statute books and penalty may vary from a fine of few dollars to even life sentence. But in US military, it is an impending court-martial crime.

What is the difference between adultery and concubinage?

Adultery pertains to the act committed by a married woman who engages in sexual intercourse with a man other than her husband. On the other hand, concubinage involves a married man who engages in sexual intercourse with a woman other than his wife, under specific circumstances.

Can you go to jail for cheating on your spouse?

In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.

Can text messages prove adultery in Florida?

Evidence of adultery can include:

Emails, text messages, or other electronic communications: If the spouse has electronic evidence of the adultery, it can be presented in court.

What is the new divorce law in Florida?

The Florida Alimony Reform 2023 brought significant changes to how alimony is handled in the state. The most notable change is the elimination of permanent alimony. This means that courts can no longer award alimony that lasts indefinitely. Instead, the focus is on limited-term support.

Can you sue your spouse for adultery?

The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.

What are the two sins that cannot be forgiven?

Those guilty of committing the unpardonable sin of denying the Holy Ghost and the unforgivable sin of shedding innocent blood must face the justice of God.

What is God's punishment for adultery?

The basis for punishment of stoning specifically for adultery is clearly provided in Leviticus (20:10-12) which reads: "If a man commits adultery with another man's wife, even with the wife of his neighbour, both the adulterer and adulteress must be put to death...." Further, in Deuteronomy (22:22-24), it is stated ...

Can I remarry if my husband committed adultery?

Biblical Grounds for Remarriage

Whether a Christian who has divorced their mate on biblical grounds is free to remarry is a question of scripture. Their spiritual status has not changed in any way in the eyes of the Lord or the church. Jesus gives permission for someone to remarry when adultery has taken place.

What is the difference between adultery and infidelity?

Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.

Can a separated wife have a boyfriend?

Dating while you are separated, but not divorced, is something that is very tricky. While it is likely best to avoid dating all together, sometimes things don't happen this way. It is important to keep perspective if you do decide to date and remember what is most important to you in the long term.

Is flirting adultery?

Ending Note – If You Are in a Relationship, Don't Flirt!

Indulging in any kind of activity digitally that you might have to hide from your partner counts as infidelity. No matter how casual or a no-strings-attached-arrangement it is for you, every kind of emotional affair is considered cheating.

Can you sue for adultery in Florida?

Presently, suing for intentional infliction of emotional distress is the only legal recourse against someone who interferes in a marriage. Adultery can impact divorce settlements, affecting the division of marital assets and potentially reducing alimony awards.

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.

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.