Which states have a homewrecker law?

Asked by: scraper  |  Last update: September 17, 2026
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So-called "homewrecker laws," legally known as "alienation of affection" torts, allow a spouse to sue a third party for intentionally destroying their marriage. Today, only six U.S. states still recognize this civil claim: Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

What are the 7 states that have homewrecker laws?

Many might not realize that seven states still recognize a law that effectively allows a spouse to sue anyone who may have played a part in ending their marriage. So, for residents in Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah, the “alienation of affection” claim is an option.

In what states can you be sued for being a homewrecker?

What Is Alienation of Affection? As of 2025, only Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah still allow alienation of affection lawsuits. And even though these suits might still technically be allowed, courts in most of these states have expressed a dislike for them.

In what states is it a felony to cheat on your wife?

Adultery is classified as a felony in five U.S. states: Idaho, Massachusetts, Michigan, Oklahoma, and Wisconsin. In all of these jurisdictions, these are "legacy" laws that are exceedingly rare to enforce and are almost never prosecuted.

What 6 states can you sue for cheating?

Six U.S. states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah) allow the possibility of the tort action of alienation of affections (brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage).

You Can Sue Your Marriage's Homewrecker in some states

24 related questions found

Can I sue a woman for sleeping with my husband?

In most cases, no, you cannot sue a woman simply for having an affair with your husband.

What US state has the highest infidelity rate?

The state with the "most cheaters" depends entirely on how the data is measured, but Hawaii leads in self-reported relationship infidelity, while New York and Colorado top lists based on dating app usage and internet searches.

What is the most common age for affairs?

Affairs are most common between the ages of 30 and 59, with different patterns based on gender. For women, infidelity typically peaks in their 30s to 50s, while men report higher rates of affairs in their 50s and 60s.

What states don't allow cheating?

Adultery remains technically illegal in 16 states. However, these are largely dormant, "blue law" statutes that are almost never enforced or prosecuted.

What's the difference between infidelity and adultery?

Infidelity is a broad term for any violation of a couple's agreed-upon boundaries of emotional or physical exclusivity. Adultery is a specific subset of infidelity that refers strictly to physical sexual contact by a married person with someone other than their spouse.

Can you get in trouble for being a homewrecker?

"Homewrecker laws" are uncommon in the U.S. in 2026. In fact, only a handful of states still allow spouses to pursue legal action against a cheating spouse's affair partner. Alienation of affection lawsuits are controversial, but so far, it is still an option to file in North Carolina.

Is it okay for a married woman to text another man?

Whether it is okay for a married woman to text another man largely depends on the intent, transparency, and boundaries established within the marriage. Generally, friendly communication is acceptable, but secrecy, emotional intimacy, or flirting behind a spouse's back is often considered a breach of trust or emotional infidelity.

What money is untouchable in a divorce?

A: Assets considered untouchable in a divorce include inheritances, personal gifts, and property owned before marriage. However, if these assets are commingled with marital property or used for marital purposes, they can lose their separate property status.

What money can't be touched in a divorce?

In a divorce, "separate property" generally cannot be touched or divided by the court. This means the court will not award these funds to your spouse. This untouchable money includes:

What is the hardest state to get a divorce in?

Vermont and Arkansas are widely considered the hardest states to get a divorce due to strict residency and separation laws. Lengthy waiting periods, high costs, and mandatory separation make dissolving a marriage in these jurisdictions a notoriously grueling process.

What is the 80/20 rule in infidelity?

In infidelity, the 80/20 rule is a concept suggesting that you typically get about 80% of your needs (support, love, shared values, history) met by your primary partner. The affair or emotional connection often represents the chase for the missing 20% (e.g., intense passion, novelty, or an ego boost).

Does God forgive adultery?

Yes. In Christianity, God forgives adultery. Like any other sin, it is not considered beyond redemption. The only unforgivable sin in the Bible is the persistent rejection of Christ (blasphemy of the Holy Spirit).

Can you go to jail for cheating on your wife in the USA?

Here's the truth 👇 ⚖️ Adultery is still illegal in several states — including Florida, Michigan, Oklahoma, Wisconsin, and a few others. ⚠️ While prosecutions are rare, it can technically lead to fines or even jail time.

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

Feeling like your husband is cheating while lacking concrete proof is an incredibly exhausting and isolating experience. Navigating this situation requires protecting your mental health and avoiding impulsive actions that could backfire.

What is the #1 cause of cheating?

Unhappiness in one's relationship.

A 2017 study published in The Journal of Sex Research found that in addition to feeling dissatisfied or neglected in one's primary relationship, individuals often report cheating because they fall out of love or have low levels of commitment to their partner.

How long do affairs usually last with a woman?

Look up the length of affairs on Google and apart from one-or-two-night stands, the consensus is that most run their course in six months to two years.

What is the 3 6 9 dating rule?

The 3-6-9 dating rule is a popular relationship guideline suggesting that new romances naturally progress through three distinct 3-month phases within the first year. It is designed to help couples pace themselves, build emotional safety, and evaluate long-term compatibility.

Which state in the USA to hook up most?

Hookup Hotspots by State

Perhaps it's the close proximity of everyone in the state or the beautiful views that the Eastern seaboard provides—but no matter the reason, Rhode Island came in on top. Coming in at No. 2 was Maine, followed by Michigan, New Hampshire, and Massachusetts in fifth place.

Who statistically cheats the most?

Statistically, men report higher overall rates of infidelity. However, the gap is narrowing. Infidelity rates vary heavily depending on age, gender dynamics, and how cheating is defined.

What state has the most loyal couples?

New Hampshire, Vermont and Maine top the list of states where marriages are built to last. Meanwhile, at the other end of the spectrum, love in the nation's capital seems a bit more fleeting—Washington, D.C., holds the shortest average marriage length, at just under 11 years.