Is It Against the Law to Cheat on Your Wife? 2026 Guide: Learn adultery laws, divorce impact, and legal risks in U.S. states.
Adultery is not a federal crime in the United States but there are about 16 states that still technically have laws pertaining to adultery (as well as Puerto Rico). Criminal prosecutions are extremely rare. Nonetheless, adultery will have implications in a divorce proceeding or in civil court (for example, as a cause of action for waste of marital funds or for alienation of affections).
This Family Law article discusses the issue of adultery on a state-by-state basis, the impact that adultery can have on the divorce process, and the legal nuances surrounding adultery.
Executive Summary
The first time I wondered whether adultery was actually considered a crime, I was surprised to learn that many states still have laws that prohibit it. While there is no federal law prohibiting adultery, there are many individuals searching for the states in which adultery is illegal and searching for “cheating laws.”
As of October 2020, 16 states (plus Puerto Rico) have laws prohibiting adultery, and while these laws exist, enforcement is nearly non-existent. The most severe punishments (felonies) exist in Michigan, Oklahoma, and Wisconsin, while most other states that have laws prohibiting adultery classify it as a misdemeanor (i.e., fines or penalties of up to 1 year in jail).
Even if a state does not have criminal charges related to infidelity, it is still possible for infidelity to affect divorce. Each state has a no-fault divorce statute, however, many states recognize infidelity as a fault ground for divorce (a few states require proof).
In addition to possible adverse divorce outcomes such as a spouse required to pay back money from the couple’s joint accounts if marital money was used to fund the affair, some states (HI, MS, NM, NC, SD, UT) also allow a spouse whose spouse has committed adultery to sue the “third party” who engaged in the affair through an alienation of affections lawsuit.
This guide has all the information you will need, such as bullet points and tables, and answers frequently asked questions. It covers criminal vs. civil consequences for the cheating spouse; infidelity laws by state; updates on the last five years on any legislative changes; and a timeline of states that no longer have an infidelity law. The tone and style are written as a conversation and I included a personal story to discuss. However, the entire guide is sourced to both legal and newspaper articles.
Criminal vs. Civil: Key Differences
Criminal Charges
Adultery can be a criminal offense, however, there are no federal laws addressing the crime of adultery. Only 3 states consider adultery to be a felony (with a potential prison sentence of several years), whereas approximately 13 states consider adultery to be a misdemeanor. In terms of enforcement, very few people within the last several decades have been imprisoned solely for committing adultery or having an affair.
Divorce & Family Court
All states provide the option for a no-fault divorce, meaning that filing for divorce does not require evidence of infidelity. Nevertheless, infidelity may still play a role in the final divorce outcome; many states provide for divorce based upon claims of infidelity or adultery. If marital funds were used to pay for an affair, the courts may consider this to be wasteful. Infidelity may also affect either spousal support or child custody awards depending on the particular state’s applicable statutes.
Alienation of Affection Laws
A few states permit civil suits against a partner’s mistress or lover for breaking up a marriage. States such as Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah still recognize “alienation of affection”. In fact, cases in Hawaii have awarded millions of dollars to the spouse whose partner had an affair and therefore caused the breakup of the marriage. (The majority of states have dispensed with these types of lawsuits).
In reality though, if you are unfaithful the likelihood of yourself being prosecuted criminally is almost zero. Divorce courts can become much more complicated than normal when one spouse uses shared funds on their extramarital relationship.
States Where Cheating on Your Spouse Is Illegal
You’ll find data like this:
Adultery is a crime in 16 states (as of 2024). The table below summarizes each relevant state’s law:
Table 1: States with Adultery Laws (2026)
| State | Law Status | Classification | Typical Penalty | Source (Statute/Info) |
| Michigan | Criminal (Adultery law on books) | Felony | Up to 5 years in prison (felony) | Mich. Comp. Laws §§750.29, .30 (offenses) |
| Oklahoma | Criminal | Felony | Up to 5 years in prison or $500 fine | Okla. Stat. tit. 21 § 888 (adultery) |
| Wisconsin | Criminal | Felony | Up to 3.5 years and $10,000 fine | Wis. Stat. § 944.16 (adultery) |
| Alabama | Criminal | Misdemeanor | Jail or fine (sec. 13A-19-17) | Ala. Code § 13A-19-17 (adultery) |
| Arizona | Criminal | Misdemeanor | Jail or fine (ARS 13-1406) | Ariz. Rev. Stat. § 13-1406 (adultery) |
| Florida | Criminal | Misdemeanor | 2nd-degree misdemeanor (up to 60 days jail, $500 fine) | Fla. Stat. § 798.01 (adultery) |
| Georgia | Criminal | Misdemeanor | Jail or fine (Ga. Code Ann. § 16-6-19) | Ga. Code Ann. § 16-6-19 (adultery) |
| Illinois | Criminal | Misdemeanor | Jail or fine (720 ILCS 5/11-15) | 720 ILCS 5/11-15 (adultery) |
| Kansas | Criminal | Misdemeanor | Jail or fine (Kan. Stat. § 21-5504) | Kan. Stat. § 21-5504 (adultery) |
| Maryland | Criminal | Misdemeanor | Up to $10 fine (Crim. Law § 10-405) | Md. Criminal Law § 10-405 (adultery) |
| Mississippi | Criminal | Misdemeanor | Jail or fine (Miss. Code § 97-29-3) | Miss. Code § 97-29-3 (adultery) |
| N. Carolina | Unenforceable (Law on books but void) | Misdemeanor | Law found unconstitutional (Hobbs v. Smith) | N.C. Gen. Stat. § 14-184 |
| N. Dakota | Criminal | Misdemeanor | Jail or fine (N.D. Cent. Code § 12.1-20-02) | N.D. Cent. Code § 12.1-20-02 |
| Rhode Island | Criminal | Misdemeanor | Jail or fine (R.I. Gen. Laws § 11-18-1) | R.I. Gen. Laws § 11-18-1 (adultery) |
| S. Carolina | Criminal | Misdemeanor | Jail or fine (S.C. Code Ann. § 16-15-20) | S.C. Code § 16-15-20 (adultery) |
| Virginia | Criminal | Misdemeanor | Jail or fine (Va. Code Ann. § 18.2-365) | Va. Code Ann. § 18.2-365 (adultery) |
| Puerto Rico | Criminal | Misdemeanor | Jail or fine (P.R. Laws Ann. tit. 33, § 6301) | P.R. Laws tit. 33, § 6301 |
| New York | Repealed (2024) | – | – | Repealed Nov. 22, 2024 |
| Massachusetts | Repealed (2018) | – | – | Repealed July 2018 |
| Utah | Repealed (2019) | – | – | Repealed Mar. 2019 |
| Idaho | Repealed (2022) | – | – | Repealed July 2022 |
| Minnesota | Repealed (2023) | – | – | Repealed May 2023 |
Sources: State statutes and legal reports.
States in bold (MI, OK, WI) classify adultery as a felony.
Many other states (Alabama, Arizona, Florida, etc.) make adultery a misdemeanor. The table also notes recently repealed laws (Massachusetts, Utah, Idaho, Minnesota, New York), lawmakers consider these outdated.
How Hard Is Enforcement?
Adultery is seldom prosecuted, even where it’s legally defined as a crime of infidelity. Even if someone has committed adultery, they generally will not go to jail. For example, New York has had approximately 6 marriages found guilty of the infidelity law of 1907 since 1907, while very infrequently do Michigan’s adultery laws result in an individual being imprisoned. All 50 states’ adultery laws consequently remain very seldom enforced compared to theft and violence. So if someone claims a person “went to prison for cheating,” it is extremely unlikely that this has actually happened within the past 50 years.
Cheating and Divorce: The Real-World Consequences
Cheating can have very real consequences on a divorce case, even if you have escaped criminal courts for your behavior. (Note that all states allow no-fault divorces based on an irretrievable breakdown, but many states permit divorces based on other types of bad behavior such as adultery). Thus, in many of the divorce cases that are based on bad behavior, the court will list adultery as a specific example of bad behavior. (This means that if a spouse has cheated on their spouse, the court may use that as a basis upon which to create a shorter duration for the divorce proceedings, or as a basis to include in the divorce filings).
One way that cheating can have an effect on divorce cases is by affecting the division of assets. For example, if a spouse used the funds from a joint bank account to finance an affair, the court may consider those funds to be dissipated. If the spouse paid for hotel rooms for their mistress from a joint bank account, the court could require the husband to reimburse his wife for those funds as part of the division of assets. In other words, using community property to finance an affair may reduce your share of the property award in the divorce case.
Additionally, adultery can also influence decisions related to alimony or spousal support. Many states give courts the discretion to consider cheating when determining spousal support. For example, if a spouse has depleted his/her savings by financing an affair, the court could decide to provide the spouse with less alimony than to the spouse who did not cheat, or provide the spouse with more alimony than that provided to a spouse who committed adultery. However, it is important to note that different states apply different standards when it comes to the admissibility of evidence of adultery in divorce proceedings. For example, some states completely prevent evidence of adultery from being used, whereas others specifically allow that evidence to be submitted.
A psychological factor must also be noted: a spouse who forgives or reacts positively to their partner’s affair can also affect what laws will do about infidelity. For example, North Carolina law permits “condonation” or “connivance” as a defense – meaning that if the non-offending spouse forgives (or instigates) their spouse’s affair, then they lose the right to rely on adultery as a ground for divorce. However, in most divorces today, couples generally accept “no-fault” as a means of keeping the peace. The exception being when an affair is involved; couples are much less likely to agree with “no-fault” being the way to divorce.
Timeline: Repeal of Adultery Laws
2018
Massachusetts repealed its criminal adultery law
2019
Utah repealed its adultery statute
2022
Idaho repealed its adultery law
2023
Minnesota repealed its adultery law
2024
New York repealed its adultery law
Recent Adultery Law Repeals
Sources: State legislatures and news reports.
Military Law and Alienation-of-Affection
Military (UCMJ)
In the military, there are laws against adultery. According to the UCMJ, adultery can lead to court martial and up to a dishonorable discharge, loss of pay or confinement for one year.(This type of action was more prevalent at one time, but due to recent changes, it exists but is not as prevalent.)
Alienation of Affection
There are several states that allow a spouse to sue the other spouse’s lover for their involvement in the marriage breakdown through an alienation of affection or criminal conversation. Six states allow an alienation of affection lawsuit to be filed. A plaintiff must prove that the love they had with their spouse has been taken away and the defendant’s actions were the cause of that loss. While these types of tort claims are civil in nature, the courts can award substantial damages to a plaintiff. Although the North Carolina legislature abolished criminal adultery many years ago they still upheld an alienation of affection tort; therefore, some people living in those states are very cautious with affairs.
Frequently Asked Questions
Is adultery a crime in the U.S.?
Adultery is not illegal at the federal level. There are still 16 states and Puerto Rico that have laws regarding adultery. Generally, the states view it as a low priority crime; however, only 3 states – Michigan, Oklahoma and Wisconsin view adultery as a felony.
Can I go to jail for cheating on my spouse?
Unlikely to occur. Even when adultery is technically illegal, there are practically no prosecutions against this crime. The New York pre-repeal adultery statute had a maximum punishment of 90 days in jail; however, very few people have ever been convicted since that statute was enacted.
How does adultery affect divorce?
This varies from state to state. Most states have adopted no-fault divorce laws, so there is no longer a requirement that you prove infidelity in order to obtain a divorce. However, infidelity may be used as one of the factors to assist with financial decisions, such as an award of alimony, or as a basis to require that the “cheating” spouse return to the marital estate for all expenses related to the extramarital affair.
What states is it illegal to cheat on your spouse?
In 2024, the following states currently have adultery laws (those having felony statutes are in italics): Michigan, Oklahoma, Wisconsin (felony); Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, Mississippi, North Carolina, North Dakota, Rhode Island, South Carolina and Virginia (misdemeanor). Many states have repealed adultery statutes (see timeline above).
Can I sue someone for having an affair with my spouse?
There are only a handful of places that permit the “alienation of affection” civil claim. Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah still provide an avenue for claims against others who intentionally caused someone to lose affection for their spouse. It’s a very niche area of the law that is not often pursued.
Additional Resources
For more authoritative information, see:
- Cornell Legal Information Institute, Wex: Adultery (legal definition and divorce context).
- FindLaw, Alienation of Affection (explains civil suits for marital interference).
- American Bar Association, Divorce FAQ (discusses fault and adultery).
