Having an affair is still technically illegal in more than 20 US states, though criminal prosecution for adultery is extremely rare in civilian courts. The law on this question is more complicated, and more surprising, than most people expect.
Most Americans assume affairs are purely a personal matter with no legal consequences beyond divorce court. That assumption is wrong. Adultery can affect alimony, property division, civil lawsuits, and in the military, it can end a career.
This article covers every angle of the legal question: which states criminalize adultery and what their penalties are, how affairs affect divorce proceedings, whether you can sue a spouse’s affair partner, what the military does about it, and how likely any of this is to actually happen in 2026.
Is It Illegal to Have an Affair
Having an affair is illegal in approximately 20 to 24 US states under adultery statutes that remain on the books, but enforcement is so rare that prosecutions in civilian courts are nearly nonexistent. The legal status of extramarital affairs depends entirely on which state you are in and the specific circumstances involved.
No federal law criminalizes adultery between civilians. The federal government does not treat consensual affairs between adults as a criminal matter outside of the military context. The legal exposure for most people comes from state statutes, divorce court implications, and in some states, civil tort claims.
The gap between “technically illegal” and “actually prosecuted” is enormous. Most state adultery laws have existed since the 19th or early 20th century and survive only because legislatures have never gotten around to repealing them. Prosecutors have neither the interest nor the political will to charge anyone with adultery in 2026.
Quick Facts:
- Approximately 20 to 24 US states still have adultery criminal statutes
- No federal civilian law criminalizes adultery
- Prosecutions for adultery in civilian courts are extremely rare
- Adultery remains a serious offense under military law (UCMJ Article 134)
- Civil consequences in divorce court are far more common than criminal charges
- Some states allow civil lawsuits against affair partners through alienation of affection torts
Is Adultery Illegal in the US
Adultery is illegal under state law in roughly half of US states, but the definition of adultery, the criminal classification, and the penalty all vary significantly from one state to the next. There is no uniform national standard.
Some states define adultery as sexual intercourse between a married person and someone who is not their spouse. Others define it more broadly to include cohabitation or other intimate conduct. The definition matters because it determines who can be charged and under what circumstances.
A few states classify adultery as a felony, which is remarkable given how rarely it is prosecuted. More commonly, adultery is a misdemeanor. Some states leave penalty amounts vague or set fines so low that they have never been updated since the laws were written. The practical effect is that these laws exist as legal artifacts rather than active enforcement tools.
| State | Law Status | Classification | Notes |
|---|---|---|---|
| Michigan | Active | Felony | Up to 4 years prison under MCL 750.29 |
| Wisconsin | Active | Class I felony | Up to 3.5 years under WI Stat. 944.16 |
| Idaho | Active | Felony | Up to 3 years under IC 18-6601 |
| Massachusetts | Active | Misdemeanor | Up to 3 years under MGL Ch. 272 Sec. 14 |
| North Carolina | Active | Class 2 misdemeanor | Up to 60 days under NCGS 14-184 |
| Florida | Active | Second-degree misdemeanor | Up to 60 days under FL Stat. 798.01 |
Which States Is Adultery Still Illegal in 2026
As of 2026, adultery remains a criminal offense on the books in approximately 20 to 24 states, though the exact count shifts as legislatures occasionally repeal or amend these laws. The states with the most significant remaining statutes include Michigan, Wisconsin, Idaho, Massachusetts, Oklahoma, North Carolina, and Florida.
Several notable states have repealed their adultery laws in recent years. Illinois repealed its adultery statute in 2016. Colorado repealed its adultery law in 2022. New Hampshire repealed its fornication and adultery statutes in 2014. These repeals reflect a broader legislative trend toward removing morality-based criminal statutes from the books.
States that retain adultery laws typically do so through legislative inertia rather than active policy choice. Repeal efforts are rarely controversial in practice, but they also rarely rise to the top of any state legislature’s priority list unless a specific case or advocacy campaign draws attention to the statute.
| State | Adultery Law Status | Classification | Max Penalty |
|---|---|---|---|
| Michigan | Active | Felony | 4 years prison |
| Wisconsin | Active | Class I felony | 3.5 years prison |
| Idaho | Active | Felony | 3 years prison |
| Massachusetts | Active | Misdemeanor | 3 years prison |
| Oklahoma | Active | Misdemeanor | Up to 5 years (with specific circumstances) |
| North Carolina | Active | Class 2 misdemeanor | 60 days; fine |
| Florida | Active | Second-degree misdemeanor | 60 days; $500 fine |
| Maryland | Active | Misdemeanor | Fine only; $10 historically |
| Illinois | Repealed 2016 | N/A | N/A |
| Colorado | Repealed 2022 | N/A | N/A |
Key Takeaway: Adultery is still technically criminal in roughly half of US states in 2026, but the laws range from felonies that are never charged to misdemeanors with $10 fines; the books contain the law but the courts almost never see it.
Can You Go to Jail for Cheating on Your Spouse
In theory, yes, you can go to jail for cheating on your spouse in states where adultery remains a criminal offense. In practice, civilian criminal prosecution for adultery in the United States in 2026 is so rare that it is effectively nonexistent.
The last widely documented civilian prosecution for adultery in the US occurred in Massachusetts in 1983. Since then, state prosecutors across the country have shown no interest in pursuing adultery charges, and courts have had almost no occasion to interpret these statutes in modern contexts.
There is one scenario where criminal adultery charges do still appear occasionally in civilian courts: as an add-on charge in a criminal case involving other conduct, such as bigamy or domestic fraud. Standing alone, adultery as a criminal charge has no realistic prosecution pathway in 2026 for civilians in any US state.
Jail Risk Reality Check:
- Civilian prosecution for adultery alone: effectively zero in 2026
- Last documented US civilian adultery prosecution: Massachusetts, 1983
- States where felony adultery exists: Michigan, Wisconsin, Idaho (never actively enforced)
- Military adultery prosecution: more realistic; UCMJ Article 134 actively applied
- Bigamy combined with adultery: possible criminal exposure in multi-offense cases
Adultery Laws by State and Criminal Penalties
The criminal penalty framework for adultery across US states ranges from nominal fines to multi-year felony imprisonment, depending on the state and the classification of the offense. The disparity is significant and reflects the varying eras in which these laws were originally written.
Michigan has the harshest adultery statute among US states. Under Michigan Compiled Laws Section 750.29, adultery is a felony punishable by up to four years in state prison. Both the married participant and the unmarried participant can be charged. Despite this severe classification, no Michigan prosecutor has pursued adultery charges as a standalone offense in living memory.
Wisconsin and Idaho also classify adultery as a felony. Wisconsin Statutes Section 944.16 makes adultery a Class I felony with up to 3.5 years imprisonment. Idaho Code Section 18-6601 sets a maximum of three years. At the misdemeanor end, Maryland’s historical fine for adultery was $10, a figure that has never been updated since the 19th century.
Adultery Penalty Comparison by State:
| State | Statute | Classification | Max Imprisonment | Max Fine |
|---|---|---|---|---|
| Michigan | MCL 750.29 | Felony | 4 years | Not specified |
| Wisconsin | WI Stat. 944.16 | Class I felony | 3.5 years | $10,000 |
| Idaho | IC 18-6601 | Felony | 3 years | Not specified |
| Massachusetts | MGL Ch. 272 Sec. 14 | Misdemeanor | 3 years | Not specified |
| Oklahoma | 21 OS Section 872 | Misdemeanor | 5 years (with circumstances) | Varies |
| Florida | FL Stat. 798.01 | 2nd-degree misdemeanor | 60 days | $500 |
| North Carolina | NCGS 14-184 | Class 2 misdemeanor | 60 days | Court’s discretion |
| Maryland | MD Code | Misdemeanor | Not specified | $10 historically |
States Where Adultery Is a Felony
Three states currently classify adultery as a felony: Michigan, Wisconsin, and Idaho. This classification places having an extramarital affair in the same legal category as theft, assault, and drug offenses in those states, at least on paper.
The felony classification in these states was established in the late 19th or early 20th century and has never been updated. No modern legislature has chosen to upgrade these laws; they also have not bothered to downgrade them. The result is that in Michigan, Wisconsin, and Idaho, a married person who has a consensual affair with another adult is technically a felon the moment the conduct occurs.
The practical consequence of a felony conviction, were one ever to occur, would be severe: loss of voting rights in some states, prohibition on firearm ownership under federal law, professional license restrictions, and permanent criminal record. These consequences make the theoretical risk significant even if actual prosecution is implausible.
Why Felony Adultery States Matter:
- Michigan, Wisconsin, and Idaho have felony adultery statutes still in force
- A felony conviction carries collateral consequences beyond jail time
- Federal law (18 U.S. Code Section 922(g)) prohibits felons from owning firearms
- Professional licensing boards in healthcare, law, and finance can deny licenses based on felony records
- No actual felony adultery prosecution has occurred in any of these states in modern history
- The statutes remain as a constitutional oddity that courts have not been asked to strike down
Does Adultery Affect Divorce Settlement
Adultery can significantly affect a divorce settlement in states that recognize fault-based divorce, and it can have a more limited but still real impact in no-fault divorce states. The specific effect depends on which state the divorce is filed in and what the marital estate looks like.
In fault-based divorce states, a spouse who proves adultery may receive a more favorable property division. Courts in states like Virginia, North Carolina, and Georgia can consider marital misconduct when dividing assets. This does not mean the wronged spouse automatically gets more; judges have discretion, and the adultery must be proven, not just alleged.
Proving adultery in a divorce case typically requires more than suspicion or accusation. Courts in most states require corroborating evidence: phone records, hotel receipts, witness testimony, or private investigator reports. The standard of proof is a preponderance of evidence, meaning more likely than not, which is lower than the criminal standard but still requires real documentation.
| Divorce Type | Adultery Impact on Property? | Adultery Impact on Alimony? |
|---|---|---|
| Fault-based divorce state | Yes; can shift division in wronged spouse’s favor | Yes; can bar cheating spouse from receiving alimony |
| No-fault divorce state | Limited; most courts disregard marital conduct | Limited; some states allow consideration |
| Community property state | Generally no; equal division regardless | Varies by state statute |
| Equitable distribution state | Possible factor in equitable analysis | Possible factor if statute permits |
Key Takeaway: Adultery has its most direct legal impact in divorce court, particularly in fault-based states where it can shift property division and eliminate a cheating spouse’s right to alimony.
Can Adultery Affect Alimony in Divorce
Adultery can directly affect alimony in several US states, and in some states it is a complete bar to receiving spousal support if the paying spouse can prove the infidelity. This is one of the most practical financial consequences of an extramarital affair in the US legal system.
Virginia is one of the clearest examples. Under Virginia Code Section 20-107.1, a court must consider adultery as a factor when awarding spousal support. A spouse who committed adultery is generally barred from receiving alimony in Virginia unless the court finds that a denial would constitute a “manifest injustice” based on the relative economic circumstances of the parties.
North Carolina similarly treats adultery as a bar to alimony in many cases under NCGS 50-16.3A. Georgia courts consider marital misconduct including adultery in alimony determinations. In contrast, California, a no-fault divorce state, does not allow adultery to affect alimony in any way. The state where the divorce is filed is the most important factor.
States Where Adultery Most Affects Alimony:
- Virginia: Adultery generally bars the cheating spouse from receiving alimony (VA Code 20-107.1)
- North Carolina: Adultery bars alimony unless specific exceptions apply (NCGS 50-16.3A)
- Georgia: Courts consider marital misconduct in alimony calculations
- South Carolina: Adultery is a factor in alimony decisions
- Florida: Adultery can be considered but is not an automatic bar
- California: Adultery has no impact on alimony determination
Alienation of Affection Lawsuit States
Alienation of affection is a civil tort that allows a wronged spouse to sue their partner’s affair partner for damages. This legal claim still exists in a handful of US states and has resulted in multimillion-dollar jury verdicts in recent years.
As of 2026, alienation of affection claims remain viable in North Carolina, Mississippi, Hawaii, New Mexico, South Dakota, and Utah. North Carolina is the most active jurisdiction for these lawsuits. The state’s courts have awarded multimillion-dollar verdicts against affair partners, making it one of the few places where cheating can result in devastating financial consequences for the third party involved.
The tort requires the plaintiff to prove three elements: that a loving marriage existed, that the defendant’s conduct destroyed or damaged the love and affection in that marriage, and that the defendant’s actions were the direct cause of the marital harm. The defendant does not have to be the affair partner; in some cases, parents, siblings, or friends have been sued for alienating affection by interfering with a marriage.
| State | Alienation of Affection | Active Claims? | Notes |
|---|---|---|---|
| North Carolina | Yes | Yes; most active state | Multimillion verdicts documented |
| Mississippi | Yes | Yes | Rarely litigated in practice |
| Hawaii | Yes | Yes | Few modern cases |
| New Mexico | Yes | Limited | Rarely pursued |
| South Dakota | Yes | Limited | Few modern cases |
| Utah | Yes | Limited | Rarely pursued |
| All other states | Abolished | No | Most states repealed this tort |
Can You Sue Someone for Having an Affair with Your Spouse
You can sue your spouse’s affair partner for monetary damages in states where alienation of affection or criminal conversation torts remain valid. These civil claims are separate from divorce proceedings and can result in significant financial judgments against the person who had the affair.
The most dramatic examples come from North Carolina. In 2010, a jury awarded $9 million in an alienation of affection case. In 2011, another North Carolina case resulted in a $30 million verdict, though this was later reduced. These awards signal that courts in that state take these claims seriously, and plaintiffs’ attorneys actively pursue them.
The emotional and financial stress of bringing such a lawsuit is significant. You have to prove the affair, prove that it damaged your marriage, and endure a public trial exposing private details. Many wronged spouses who are legally eligible to bring these claims choose not to pursue them for exactly those reasons.
Requirements to Sue an Affair Partner:
- Must be in a state that recognizes alienation of affection or criminal conversation
- Must prove the marriage had genuine love and affection before the affair
- Must show the affair partner’s conduct caused the marital breakdown
- Must file within the statute of limitations (typically 3 years in NC)
- Must produce evidence of the affair, its impact, and resulting damages
- Damages can include loss of consortium, emotional distress, and economic harm
Criminal Conversation Tort and Affair Lawsuits
Criminal conversation is a separate civil tort from alienation of affection, and it is in some ways easier to prove because it requires only proof of sexual intercourse between the defendant and the plaintiff’s spouse, not proof of emotional harm to the marriage.
The name is misleading. “Criminal conversation” has nothing to do with criminal law or any actual conversation. It is an old common law term for adultery that forms the basis of a civil damages claim. The wronged spouse can sue the affair partner for damages simply by proving the sexual act occurred during the marriage.
Criminal conversation as a viable tort exists in roughly the same states as alienation of affection, with North Carolina again being the most active jurisdiction. In states that retain both torts, a plaintiff can bring both claims simultaneously, potentially stacking damage awards. Most other states abolished criminal conversation in the 20th century as part of broader legal modernization efforts.
Criminal Conversation vs. Alienation of Affection:
| Feature | Criminal Conversation | Alienation of Affection |
|---|---|---|
| What you must prove | Adultery occurred | Affair damaged the loving marriage |
| Emotional harm required? | No | Yes |
| Easier to prove? | Yes | No |
| States where valid | NC, MS, HI, NM, SD, UT | Same states (approx.) |
| Damages available | Yes; economic and emotional | Yes; can be substantial |
Key Takeaway: In states like North Carolina, a wronged spouse can pursue both alienation of affection and criminal conversation lawsuits simultaneously against an affair partner, potentially resulting in multimillion-dollar jury awards.
Is Adultery Illegal in the Military
Adultery is a prosecutable offense under military law, and it is treated far more seriously than in civilian courts. Under Article 134 of the Uniform Code of Military Justice (UCMJ), adultery, now formally termed “extramarital sexual conduct,” is a criminal offense that can result in court-martial, discharge, and significant career consequences.
The UCMJ was updated in 2019 under the Military Justice Improvement Act to change the term from “adultery” to “extramarital sexual conduct” and to broaden the definition slightly. The change was intended to modernize the language while maintaining the same prosecutorial framework. The underlying prohibition on extramarital affairs remained fully intact.
Service members found guilty of adultery under Article 134 can face dishonorable discharge, forfeiture of pay, confinement, and reduction in rank. These are not hypothetical consequences; military adultery prosecutions occur every year, particularly in cases where the conduct involved an officer-enlisted relationship, a superior-subordinate dynamic, or conduct prejudicial to good order and discipline.
UCMJ Adultery Key Facts:
- Article 134 UCMJ covers extramarital sexual conduct
- Updated in 2019; terminology changed but prohibition maintained
- Prosecution requires showing the conduct was prejudicial to good order and discipline
- Maximum punishment: dishonorable discharge, confinement, forfeiture of all pay
- All branches of the US military enforce this provision
- Cases involving superior-subordinate dynamics are most frequently prosecuted
UCMJ Article 134 Adultery Punishment
Punishment under UCMJ Article 134 for extramarital sexual conduct can include dishonorable discharge, confinement up to one year, total forfeiture of all pay and allowances, and reduction to the lowest enlisted grade. The severity of the punishment depends on the rank of the service member, the circumstances of the affair, and the impact on unit morale and mission.
Officers face particularly severe consequences because adultery by an officer is more likely to be deemed prejudicial to good order and discipline, one of the key prosecutorial elements under Article 134. An officer having an affair with an enlisted person’s spouse, or with a subordinate, faces a much higher likelihood of court-martial than a case involving two civilians with no military connection.
The prosecutorial standard under Article 134 requires proving not just that the act occurred, but that it was either in violation of a punitive article or of a nature to bring discredit upon the armed forces. This two-part standard gives military prosecutors significant discretion in deciding which cases to pursue.
| Consequence | Applies To | Notes |
|---|---|---|
| Dishonorable discharge | Enlisted; officers face dismissal | Permanent; affects veterans benefits |
| Confinement | Up to 1 year | Served in military detention facility |
| Forfeiture of pay | All pay and allowances | Effective immediately upon conviction |
| Rank reduction | Enlisted members | Reduced to E-1 |
| Loss of security clearance | All members | Affair can trigger counterintelligence review |
| Career-ending NJP | All members | Non-judicial punishment short of court-martial |
How Likely Is Adultery Prosecution in 2026
The likelihood of civilian criminal prosecution for adultery in 2026 is effectively zero in the United States. No US state has prosecuted a civilian for adultery as a standalone criminal offense in decades, and no current political environment suggests that will change.
Military prosecution is a different story. The US military investigates and prosecutes extramarital sexual conduct cases regularly, with the Army, Navy, Marine Corps, Air Force, and Space Force all having active JAG units that handle these cases. The cases that are prosecuted typically involve egregious conduct, abuse of rank or authority, or affairs that directly damaged unit cohesion.
Think of civilian adultery laws as being like jaywalking statutes in a town that has not issued a jaywalking ticket in 40 years. The law exists. It would be valid if applied. But no one with prosecutorial authority is interested in applying it. The political optics alone would be catastrophic for any prosecutor who tried.
Prosecution Likelihood by Context:
- Civilian adultery prosecution (standalone charge): effectively zero probability
- Civilian adultery prosecution (added to other charges): very low but not impossible
- Military adultery prosecution (Article 134): realistic, especially for officers
- Civil lawsuit (alienation of affection in NC): actively litigated and pursued
- Divorce court impact (alimony/property): common and directly relevant in many states
Fault Based Divorce and Adultery in the US
Fault-based divorce is still available in many US states, and adultery is one of the most commonly cited grounds. Even in states that also offer no-fault divorce options, spouses sometimes choose to allege fault, including adultery, to gain a strategic advantage in property division or alimony proceedings.
The fault-based divorce system requires the filing spouse to prove the grounds they allege. Alleging adultery without being able to prove it can backfire badly. Courts in fault states expect real evidence, and judges can penalize parties who make unsupported allegations that waste court time.
States that give courts the most discretion to penalize cheating spouses in divorce include Virginia, North Carolina, Georgia, South Carolina, and Tennessee. In these states, documented adultery can shift property awards and eliminate alimony claims in ways that can amount to hundreds of thousands of dollars in a high-asset divorce.
Fault-Based Divorce States Where Adultery Carries Weight:
- Virginia: Adultery grounds for divorce; bars alimony for cheating spouse
- North Carolina: Fault grounds recognized; adultery bars alimony
- Georgia: Adultery grounds for divorce; affects alimony and property division
- South Carolina: Adultery is recognized fault ground; affects alimony
- Tennessee: Marital misconduct considered in property and alimony
- New York: Fault grounds including adultery still available alongside no-fault
Adultery Laws That Were Repealed or Changed Recently
Several US states have repealed or substantially modified their adultery laws over the past decade, reflecting a broader legislative shift away from criminalizing consensual adult sexual behavior. These repeals did not eliminate civil consequences or military law; they only addressed civilian criminal statutes.
Colorado repealed its adultery statute in 2022 as part of an omnibus criminal code reform package. Illinois eliminated its adultery law in 2016. New Hampshire repealed both its fornication and adultery statutes in 2014. West Virginia removed its adultery provision in 2010. Each repeal passed with little public controversy and was generally framed as removing outdated morality laws from the criminal code.
The trend toward repeal is likely to continue in 2026 and beyond, particularly in states where progressive or libertarian-leaning legislators identify these statutes as low-hanging fruit in criminal code modernization efforts. The states most likely to repeal next include Minnesota, Mississippi, and Kansas, all of which have active adultery statutes and periodic legislative discussions about criminal code reform.
| State | Year Repealed/Changed | What Changed |
|---|---|---|
| New Hampshire | 2014 | Repealed adultery and fornication statutes |
| West Virginia | 2010 | Removed adultery from criminal code |
| Illinois | 2016 | Repealed adultery statute |
| Colorado | 2022 | Repealed adultery as part of criminal code reform |
| Military (UCMJ) | 2019 | Renamed; broadened definition; prohibition maintained |
Frequently Asked Questions
Is it illegal to have an affair in the United States?
Having an affair is technically illegal in approximately 20 to 24 US states under adultery criminal statutes.
No federal civilian law makes adultery a crime.
Civilian prosecutions for adultery are effectively nonexistent in 2026, but civil and divorce court consequences are very real.
In the military, adultery is actively prosecuted under UCMJ Article 134.
Can you go to jail for cheating on your spouse?
In theory, yes; in states with adultery laws, jail time is a listed penalty.
In practice, no civilian has been prosecuted for adultery as a standalone charge in the US in decades.
Military service members face a realistic risk of confinement under UCMJ Article 134 if prosecuted.
Civil lawsuits, alimony loss, and unfavorable divorce outcomes are the far more common real-world consequences.
Which states still have adultery laws in 2026?
Approximately 20 to 24 states retain adultery criminal statutes as of 2026.
States with active laws include Michigan, Wisconsin, Idaho, Massachusetts, Oklahoma, North Carolina, and Florida, among others.
Michigan, Wisconsin, and Idaho classify adultery as a felony, though none have prosecuted the offense in modern times.
Colorado and Illinois are among states that recently repealed their adultery statutes.
Can you sue your spouse’s affair partner for damages?
Yes, in states that recognize alienation of affection or criminal conversation torts, including North Carolina, Mississippi, Hawaii, New Mexico, South Dakota, and Utah.
North Carolina is the most active state for these lawsuits, with multimillion-dollar verdicts against affair partners on record.
You must prove the affair occurred, that it damaged your marriage, and that you suffered harm as a result.
Most US states have abolished these torts, so the right to sue depends entirely on your state.
How does adultery affect the military?
Adultery is a criminal offense under UCMJ Article 134, known formally as extramarital sexual conduct since a 2019 update.
Convicted service members can face dishonorable discharge, up to one year of confinement, total forfeiture of pay, and rank reduction.
Military adultery prosecutions occur regularly, especially involving officer-enlisted affairs or superior-subordinate relationships.
Loss of security clearance is an additional consequence that can effectively end a military career even without a formal conviction.
Adultery law in the US in 2026 is a patchwork of dormant criminal statutes, active divorce court consequences, and one legal arena, the military, where it is treated as a genuine offense. Knowing which rules apply to your situation is genuinely important, especially when divorce proceedings, civil lawsuits, or a military career are on the line.
Bookmark this page and share it with anyone trying to understand where US law actually stands on this topic. The legal picture is more complicated than a simple yes or no, and the details matter more than most people realize.
