Is there a penalty for cheating on your spouse?

Asked by: Mr. Gabe Williamson  |  Last update: July 31, 2025
Score: 4.3/5 (10 votes)

Every State Where Cheating On Your Spouse Could Mean Serious Jail Time. Before you consider risking it all for a fling, you should probably know your chances of spending time in jail. Some, but not all, states have made adultery illegal. The punishment for the crime varies from state to state.

Can you go to jail for cheating on your spouse?

Adultery is technically a crime in the eyes of the partner and not in the eyes of law and hence no jail. Though it can be a valid ground of divorce if proven.

In what state is it illegal to cheat on your spouse?

Sixteen states consider adultery to be a crime. These include the Carolinas, Georgia, Mississippi, New York, Utah, Minnesota, Wisconsin, Michigan, Idaho, Oklahoma, Massachusetts, Illinois, Kansas, Florida, and Arizona. Some states consider adultery to be grounds for divorce while others don't.

What rights do you have if your spouse is cheating?

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.

What to do if your spouse is cheating on you?

Firstly, try to have an open and honest conversation with your spouse to express your concerns and feelings. Keep an open mind and listen to their perspective as well. If suspicions persist, consider seeking professional help, such as couples therapy, to work through the issues in a constructive way.

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

31 related questions found

Can I sue my husband for cheating?

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 husband can do if wife is cheating?

Consider these steps to promote healing:
  • Don't decide right away. Before choosing to continue or end a marriage, take the time to heal and understand what was behind the affair.
  • Be accountable. ...
  • Consult a marriage counselor. ...
  • Get help from several sources. ...
  • Restore trust.

What happens if you get caught cheating in a marriage?

If you are the spouse that committed adultery, it is vital that you are honest about the affair. If you don't tell the truth and you are caught, you could receive an unfavorable outcome in the divorce, lose respect from those that know the truth, and drive a wedge between you and your children or soon-to-be-ex-spouse.

Is my wife entitled to half if she 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.

Is it illegal for a married man to cheat on his wife?

Although New York may be one of the more surprising states on the list, extramarital sex is considered a crime in 16 states and Puerto Rico. In those places, adultery is very rarely prosecuted, but the laws are strictest in Michigan, Oklahoma and Wisconsin, where adultery is considered a felony.

Can a wife get in trouble for cheating?

Is Cheating On Your Spouse Breaking the Law? Adultery is technically a crime in 16 states. While the penalties could include fines or jail time, these laws are rarely enforced. In addition, there are questions as to whether these laws are even constitutional and would be held up under appeal.

Can I sue the other woman for destroying my marriage?

The possibility of suing another woman for destroying a marriage depends on the jurisdiction in which you reside and the laws applicable in that jurisdiction. Some jurisdictions may permit individuals to pursue legal action against a third party for alienation of affection or criminal conversation.

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.

What is infidelity vs adultery?

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 I charge my husband for cheating?

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 to prove infidelity in court?

How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.

Do you get more money in a divorce if you were cheated on?

The reason why you get a divorce has absolutely nothing to do with how much money you do or do not get. So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that.

Do judges care about infidelity?

Been Caught Cheating

The judge isn't there to punish infidelity, and divorce isn't a punitive process. It's not the court's responsibility or obligation to make sure cheaters pay. If adultery did impact your circumstances, and if you can show it, that fact may play a part.

Does a cheating wife get alimony?

Adultery can be taken into account when deciding the amount of alimony to be granted. In some cases, a spouse can be denied alimony if they have committed adultery, or be obligated to provide alimony if they engaged in infidelity. However, adultery alone will not decide the spousal support argument.

In what state is adultery illegal?

Is adultery illegal in California? Many people whose spouses have cheated ask us that question – and the short answer is no. Adultery isn't illegal in California, but it can affect some aspects of your divorce. Here's what you need to know.

Can you get jail time for cheating on your spouse?

Today, adultery laws are mostly found in the conservative southern states. 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.

Do cheaters feel guilty while cheating?

Even if they haven't confessed to the affair, most cheating husbands feel guilty and express that guilt in their behavior. You may notice subtle changes in their behavior that make you wonder if your spouse is displaying cheating husband guilt.

What to say to hurt a cheater?

Let him know that he hurt you.

Be direct and honest and tell him that you cared about him and what he's done has ruined your relationship. He may really regret his actions. For instance, you could say, “I can't believe you did this. I'm devastated.

Can a husband cheat on his wife and 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.

What should a man do to a cheating wife?

Steps
  • Decide if you want to re-establish trust. ...
  • Understand the nature of your partner's cheating. ...
  • Request that your partner cut off all communication with the third party. ...
  • Communicate with your partner when you are ready. ...
  • Set boundaries about relationships outside of your marriage.