Cheating is already illegal in more than 20 US states, and the question of whether it is gonna be illegal to cheat is not nearly as simple as most people assume. There is no new federal law banning infidelity in 2026, but the existing patchwork of state criminal codes, civil liability rules, and military law makes the answer very different depending on where you live.
Most people think adultery laws are relics that no one enforces. That is mostly true, but not entirely. Active prosecutions are rare, yet the laws stay on the books, and they carry real consequences in divorce court, civil lawsuits, and military service.
This guide covers all of it. Criminal adultery laws by state, civil liability for cheating, how infidelity affects divorce and alimony, military rules, emotional cheating, sexting, and what is actually changing in 2026.
Is It Gonna Be Illegal to Cheat?
Cheating is already illegal in over 20 states, so for many Americans, the answer is yes right now, not just in the future.
The confusion comes from how rarely these laws are enforced. Most people assume that because no one gets arrested for adultery anymore, the laws do not exist. That is wrong. States including Michigan, Wisconsin, Minnesota, and Idaho still have criminal adultery statutes on the books. Some classify it as a misdemeanor. Others, like Michigan, technically classify adultery as a felony.
The bigger practical reality is that cheating triggers legal consequences outside criminal courts too. Divorce proceedings, alimony decisions, civil lawsuits for alienation of affection, and military discipline are all areas where infidelity carries actual legal weight right now in 2026.
Quick Facts:
- States with criminal adultery laws: 20 plus (as of 2026)
- Federal law on adultery: None (no federal anti-adultery statute)
- Most common legal consequence: Divorce court, not criminal court
- Military exception: UCMJ Article 134 applies to all active-duty members regardless of state
Is It Gonna Be Illegal to Cheat in 2026?
No sweeping new federal law criminalizing cheating is taking effect in 2026, but the legal environment around infidelity is not frozen either.
Several states have seen legislative debates in recent years about either strengthening or repealing adultery statutes. As of 2026, no major state has enacted a new criminal adultery law. The trend has been the opposite: states like Virginia removed adultery from their criminal code in 2021. That direction, toward decriminalization, is the dominant one at the state level going into 2026.
That said, the civil side of the law is more active. Alienation of affection lawsuits, which allow a betrayed spouse to sue the person their partner cheated with, remain fully enforceable in several states. North Carolina sees hundreds of such cases filed each year, some resulting in multimillion-dollar verdicts.
So the answer to whether it is gonna be illegal to cheat in 2026 depends entirely on your state, your employment status, and which legal track applies to your situation.
Quick Facts:
- New federal anti-cheating law in 2026: None
- Legislative trend: Decriminalization at state level
- Civil liability trend: Still active in alienation of affection states
- States recently repealing adultery laws: Virginia (2021), others under review
Is Cheating Illegal in the US?
Cheating is illegal in the US in two distinct ways: as a criminal offense in some states, and as a civil wrong in others.
At the federal level, there is no law against adultery for civilians. The federal government does not regulate the romantic behavior of private citizens. That responsibility falls entirely to states, and states have taken wildly different positions on it.
On the criminal side, over 20 states still have adultery on the books as a crime, ranging from a small fine to felony charges depending on the jurisdiction. On the civil side, seven states allow a betrayed spouse to sue the person their partner cheated with for damages under a legal theory called alienation of affection. Those two tracks operate independently.
Think of it like jaywalking in one city versus a major traffic offense in another. The same action, crossing against the light, carries completely different consequences depending on where you are standing.
Key distinction: Criminal adultery and civil liability for adultery are separate legal tracks. A person could face civil liability even in a state with no criminal adultery law.
Is Adultery a Crime?
Adultery is a crime in more than 20 US states as of 2026, though prosecutions are extremely rare.
The definition of adultery varies by state. Most states define it as voluntary sexual intercourse between a married person and someone who is not their spouse. Some states extend the definition to include cohabitation with a romantic partner outside of marriage. Others apply the law only to the married person, while some hold the unmarried partner equally liable.
Penalty classifications differ sharply. In Michigan, adultery is technically a felony punishable by up to four years in prison under Michigan Penal Code Section 750.29. In Maryland, it was classified as a misdemeanor with a maximum $10 fine before Maryland repealed it in 2023. In Wisconsin, adultery under Statute 944.16 carries a potential Class I felony charge.
The gap between these laws being on the books and being enforced is enormous. Most prosecutors would not touch an adultery case. But the law being there creates real risk in divorce proceedings and custody disputes.
| State | Adultery Classification | Statute | Max Penalty |
|---|---|---|---|
| Michigan | Felony | Penal Code 750.29 | Up to 4 years prison |
| Wisconsin | Class I Felony | Statute 944.16 | Up to 3.5 years prison |
| Minnesota | Misdemeanor | Statute 609.36 | Up to 90 days jail |
| Idaho | Misdemeanor | Code 18-6601 | Up to 3 years prison |
| Illinois | Misdemeanor | 720 ILCS 5/11-35 | Up to 1 year jail |
| Florida | Misdemeanor | Statute 798.01 | Up to 60 days jail |
Key Takeaway: Adultery is still a crime in over 20 states in 2026, with penalties ranging from a small fine to years in prison, though actual prosecutions almost never happen.
What States Is Adultery Illegal?
Adultery remains illegal in at least 20 states as of 2026, though the list has been shrinking gradually as states modernize their criminal codes.
The states that still criminalize adultery include: Michigan, Wisconsin, Minnesota, Idaho, Illinois, Florida, Mississippi, North Carolina, South Carolina, Oklahoma, Kansas, Massachusetts, New Hampshire, New York, Utah, Virginia repealed theirs in 2021, and a handful of others with rarely enforced provisions. Massachusetts adultery statute under General Laws Chapter 272 Section 14 technically allows up to three years imprisonment.
New York’s adultery law under Penal Law 255.17 classifies it as a Class B misdemeanor, though the last recorded prosecution in the state was decades ago.
States with no criminal adultery law include California, Texas, Colorado, Washington, Oregon, Nevada, and most of the western United States.
Quick reference:
| Region | States with Adultery Laws | States Without Adultery Laws |
|---|---|---|
| Northeast | Massachusetts, New Hampshire, New York | Connecticut, Maine, Rhode Island |
| South | Mississippi, North Carolina, South Carolina, Florida | Texas, Georgia, Louisiana |
| Midwest | Michigan, Wisconsin, Minnesota, Illinois, Kansas | Ohio, Indiana, Missouri |
| West | Idaho, Utah | California, Nevada, Washington, Oregon, Colorado |
Adultery Laws by State 2026
Adultery laws by state in 2026 reflect a clear divide between states that have modernized their criminal codes and states that have kept old statutes in place.
The overall trend heading into 2026 is slow decriminalization. Virginia removed adultery from its criminal code in 2021. Maryland did the same in 2023. New Hampshire’s law is classified as a Class B misdemeanor but enforcement essentially ceased decades ago. This trend suggests more states will quietly repeal remaining adultery statutes over the next few years.
However, the rate of actual legislative change is slow. Adultery repeal bills often stall because lawmakers are reluctant to publicly vote in favor of anything that sounds like “legalizing cheating,” even when the practical effect of the old law is zero.
The result is a 2026 legal map where many adultery laws exist entirely on paper, serving primarily as factors in civil litigation and divorce proceedings rather than as genuine criminal threats.
Bold fact: At least five states have repealed or substantially weakened their adultery criminal statutes since 2020, but over 20 still retain them.
Quick Facts:
- States that repealed adultery laws since 2020: Virginia, Maryland, and others
- States with the harshest adultery penalties: Michigan, Wisconsin, Massachusetts
- States where adultery has zero criminal consequence: California, Texas, Nevada, and most of the West
- Direction of change in 2026: Continued gradual decriminalization
Can You Go to Jail for Cheating on Your Spouse?
Yes, technically you can go to jail for cheating on your spouse in states that still classify adultery as a criminal offense, but the real-world likelihood is extremely low.
In Michigan, the maximum sentence for adultery is four years in prison. In Wisconsin, a Class I felony conviction for adultery could result in up to 3.5 years. In Massachusetts, the law allows up to three years of imprisonment. These are not hypothetical penalties; they are codified in active statutes.
But enforcement is nearly nonexistent. Prosecutors in these states virtually never bring adultery charges. The last major criminal adultery prosecution to draw national attention in the United States was in the early 2000s. Most district attorneys view adultery as a private matter outside the scope of their resources.
The more realistic scenario where cheating puts your freedom at risk is the military. Under UCMJ Article 134, service members can face court-martial for adultery, and those proceedings are active and ongoing.
Key distinction: Civilian adultery cases almost never reach criminal court. Military adultery cases under the UCMJ are a different story entirely.
Is Cheating on Your Spouse a Criminal Offense?
In over 20 states, cheating on your spouse is technically a criminal offense, ranging from a petty misdemeanor to a felony depending on the state.
The criminal offense label matters even when prosecution is rare. A criminal statute on the books means law enforcement has the authority to act if a complaint is filed. It means that in theory, a scorned spouse who files a formal complaint with local police could initiate a process that results in an investigation. That almost never leads anywhere, but the machinery exists.
Beyond the criminal law, calling cheating a “criminal offense” in the civil sense also carries weight. Some states treat the adulterous conduct itself as a basis for fault in divorce, which can shift property distribution, alimony awards, and even custody considerations.
The person someone cheats with can also face criminal exposure in some states. Several adultery statutes specifically hold the non-married partner liable for the offense, not just the married one.
Quick Facts:
- States where both partners can be charged: Illinois, Minnesota, others
- States where only the married partner is liable: Varies by statute
- Practical enforcement rate: Extremely rare in civilian courts
- Military enforcement rate: Far higher under UCMJ Article 134
Key Takeaway: Cheating on your spouse is technically a criminal offense in over 20 states, but the far more common legal consequences play out in divorce court and civil lawsuits, not criminal proceedings.
Alienation of Affection Laws
Alienation of affection is a civil legal claim that allows a betrayed spouse to sue the person their partner had an affair with for monetary damages.
This tort, meaning a civil wrong, is not about punishing cheating directly. It targets the third party who allegedly interfered in a marriage by drawing away the spouse’s affections. The betrayed spouse does not sue their own partner. They sue the affair partner.
As of 2026, alienation of affection lawsuits remain legally valid in these states: North Carolina, Mississippi, South Dakota, Utah, Hawaii, and New Mexico. Illinois had this tort on the books historically but its status has been subject to ongoing legal challenges. North Carolina is by far the most active jurisdiction, with cases regularly resulting in verdicts exceeding $1 million.
The elements a plaintiff must prove vary by state, but generally include: the existence of a loving marriage, the defendant’s actions that alienated the spouse’s affection, and a direct connection between the defendant’s conduct and the loss of marital affection.
| State | Alienation of Affection Legal? | Notes |
|---|---|---|
| North Carolina | Yes | Most active, large verdicts common |
| Mississippi | Yes | Rarely enforced |
| South Dakota | Yes | Few cases filed annually |
| Utah | Yes | Religious community context common |
| Hawaii | Yes | Rarely litigated |
| New Mexico | Yes | Infrequently used |
| Most other states | No | Tort abolished by statute or case law |
Can You Sue Someone for Cheating With Your Spouse?
Yes, in six states you can sue the person who cheated with your spouse, and those lawsuits can result in significant financial awards.
The legal basis for this lawsuit is alienation of affection, and in active jurisdictions like North Carolina, these cases are taken seriously by courts. Verdicts in North Carolina have reached into the millions of dollars. In 2010, a North Carolina jury awarded $9 million to a plaintiff in an alienation of affection case, later reduced on appeal, but the verdict illustrated that courts treat these claims as real legal injuries.
To win such a lawsuit, the betrayed spouse must show the marriage had genuine love and affection before the affair, that the affair partner’s actions were a direct cause of the marriage’s breakdown, and that actual damages resulted. Emotional suffering, financial costs of divorce, and loss of companionship are all recognized forms of damage in these cases.
In states without alienation of affection laws, there is no civil lawsuit option against an affair partner for the cheating itself.
Bold stat: North Carolina plaintiffs have received verdicts exceeding $9 million in alienation of affection cases, making it the most consequential civil cheating jurisdiction in the country.
Does Cheating Affect Divorce Settlement?
Yes, cheating can significantly affect a divorce settlement, particularly in states that recognize fault-based divorce.
Fault-based divorce states allow a spouse to cite adultery as grounds for the divorce. When adultery is established as the cause of the marriage breakdown, judges in those states have discretion to consider it when dividing marital assets. In practice, this can shift property distribution in favor of the betrayed spouse, though the degree varies by judge and jurisdiction.
No-fault divorce states, which include California, New York, Texas, and most others, do not formally penalize adultery in property division. But even in no-fault states, marital waste comes into play. If a spouse spent significant marital funds on an affair, trips, gifts, or housing for an affair partner, courts can consider that dissipation of marital assets when dividing property.
Fault-based states that explicitly consider adultery in property division include North Carolina, South Carolina, Georgia, and Virginia, among others.
Quick Facts:
- Fault-based divorce states: About 33 states still allow fault grounds
- No-fault only states: About 17 states, including California and Wisconsin
- Marital waste doctrine: Applies in most states regardless of fault rules
- Impact on property: Can shift distribution, typically not a guaranteed penalty
Does Adultery Affect Alimony?
Yes, adultery can significantly affect alimony awards, and in some states it creates an automatic bar against receiving spousal support.
In North Carolina, a dependent spouse who committed adultery is barred by statute from receiving alimony unless the supporting spouse also committed adultery. That is a hard rule with no judicial discretion. In Virginia, adultery can be used to deny alimony to the cheating spouse, though courts retain some flexibility in extreme circumstances.
Georgia, South Carolina, and several other fault-based states also allow adultery to reduce or eliminate alimony awards. The reasoning is straightforward: courts do not want to reward a spouse financially for conduct that caused the marriage to end.
In no-fault states, adultery generally has less formal impact on alimony. However, if the cheating spouse spent marital funds on the affair, a court may factor that financial misconduct into the alimony calculation even without citing adultery directly.
| State | Adultery Impact on Alimony | Rule Type |
|---|---|---|
| North Carolina | Bars alimony for cheating spouse | Statutory bar |
| Virginia | Can deny or reduce alimony | Judicial discretion |
| Georgia | Can reduce alimony | Judicial discretion |
| South Carolina | Can deny alimony | Judicial discretion |
| California | No impact | No-fault state |
| Texas | No direct impact | No-fault state |
Key Takeaway: In fault-based states like North Carolina, adultery can completely eliminate a cheating spouse’s right to alimony. In no-fault states, the financial impact of an affair matters more than the affair itself.
Does Cheating Affect Child Custody?
Cheating generally does not directly affect child custody decisions, but it can matter in specific circumstances where the affair has a demonstrable impact on the children.
Family courts in all 50 states evaluate custody using the best interest of the child standard. A parent’s sexual behavior, including infidelity, is not automatically relevant to that standard. If a parent had an affair and the children were never exposed to it, never harmed by it, and the parenting quality remained consistent, courts typically treat the affair as irrelevant to custody.
But context matters. If the affair involved exposing children to an unstable living situation, bringing affair partners into the home inappropriately, or neglecting parental duties because of the relationship, those specific behaviors become relevant. It is not the cheating itself that affects custody. It is the parenting decisions made around it.
In rare cases, an affair with someone who has a criminal background or poses a safety risk could be a direct factor. Courts care about who children are around, not about the parent’s romantic history in isolation.
Quick Facts:
- Standard used: Best interest of the child in all 50 states
- Cheating alone: Generally not a custody factor
- When cheating becomes relevant: When it affects parenting quality or child safety
- Cheating with a dangerous individual: Can be a direct custody concern
Military Adultery Laws UCMJ
Military adultery is governed by the Uniform Code of Military Justice, and it is treated far more seriously than civilian adultery laws in almost every respect.
Under UCMJ Article 134, adultery is listed as a conduct-prejudicial-to-good-order charge. To prosecute military adultery, the government must prove three elements: that the accused engaged in sexual intercourse with someone not their spouse, that either the accused or the other person was married at the time, and that the conduct was prejudicial to good order and discipline or brought discredit upon the armed forces.
That third element is key. The military does not prosecute every affair. But when adultery involves a relationship with a subordinate, occurs in a deployed context, is discovered through official channels, or creates a clear unit readiness problem, prosecution becomes far more likely.
Penalties for military adultery under Article 134 can include dishonorable discharge, forfeiture of all pay and allowances, and up to one year of confinement. These are not theoretical. Military courts-martial for adultery happen regularly.
| Military Branch | Enforcement of UCMJ Art. 134 Adultery | Common Outcomes |
|---|---|---|
| Army | Active enforcement | Rank reduction, discharge |
| Navy | Active enforcement | Loss of security clearance common |
| Marines | Active enforcement | Court-martial in serious cases |
| Air Force | Active enforcement | Administrative separation |
| Coast Guard | Active enforcement | Similar to Navy standards |
Bold fact: A military service member convicted of adultery under UCMJ Article 134 can face up to one year of confinement plus dishonorable discharge, regardless of what state they live in.
Is Emotional Cheating Illegal?
Emotional cheating is not illegal under any US state or federal law as of 2026.
Emotional cheating refers to forming a deep emotional connection with someone outside of a marriage or committed relationship, without physical sexual contact. Because the legal definitions of adultery in all states that criminalize it require actual sexual intercourse or physical sexual contact, emotional affairs fall outside the scope of criminal adultery statutes.
The civil side is similarly limited. Alienation of affection claims technically do not require proof of sexual intercourse in all jurisdictions. In some states, evidence that an affair partner drew away a spouse’s affections through an intense emotional relationship, even without physical contact, can support an alienation claim. North Carolina courts have addressed this issue directly.
For divorce purposes, emotional cheating is generally not recognized as legal grounds for a fault-based divorce. Courts look for physical infidelity when adultery is cited as grounds.
Quick Facts:
- Criminal liability for emotional cheating: Zero, in all 50 states
- Civil liability (alienation of affection): Possible in some states without proof of intercourse
- Divorce grounds: Emotional affairs generally do not qualify as adultery for legal purposes
- Military context: UCMJ requires sexual conduct; emotional affairs alone are not covered
Is Sexting Considered Adultery?
Sexting is generally not considered adultery under state criminal adultery laws in 2026, because those laws require physical sexual conduct.
Most state adultery statutes define the offense in terms of sexual intercourse or unlawful sexual intercourse with someone other than a spouse. Sexting, meaning sending sexually explicit messages, images, or videos, does not meet that physical contact threshold under any current state adultery law.
However, sexting can be highly relevant in divorce proceedings. Family courts can and do consider evidence of sexting when evaluating marital misconduct, especially in fault-based divorce states. A pattern of sexting with a third party may not legally constitute adultery, but it can serve as circumstantial evidence of an affair and influence decisions about property division and alimony in states where fault matters.
In the military context, sexting with someone other than a spouse could potentially form part of an Article 134 charge if it contributes to conduct prejudicial to good order and discipline, particularly when it involves a subordinate or occurs using government equipment.
Quick Facts:
- Sexting as criminal adultery: Not recognized in any US state as of 2026
- Sexting in divorce court: Admissible as evidence of marital misconduct in most states
- Sexting in military context: Can contribute to UCMJ Article 134 charges
- Sexting with a minor: An entirely separate and severe criminal offense, unrelated to adultery law
Key Takeaway: Sexting and emotional affairs do not meet the legal definition of adultery in criminal law, but both can be used as evidence of marital misconduct in divorce and civil proceedings.
Frequently Asked Questions
Is it gonna be illegal to cheat in all states by 2026?
No, cheating will not be illegal in all states in 2026.
Adultery is already illegal in over 20 states, and the legislative trend is toward decriminalization, not expansion.
No federal law criminalizing cheating is pending or expected as of 2026.
Can you go to jail for adultery in the United States?
Yes, in theory, you can go to jail for adultery in states like Michigan, Wisconsin, and Massachusetts, which classify it as a felony or misdemeanor.
In practice, prosecutions are extremely rare and almost never result in jail time for civilians.
Military service members face far greater real-world risk of confinement under UCMJ Article 134.
Which states can you be sued for cheating with a married person?
You can be sued for cheating with a married person in North Carolina, Mississippi, South Dakota, Utah, Hawaii, and New Mexico under alienation of affection laws.
North Carolina is the most active jurisdiction, with verdicts sometimes reaching millions of dollars.
In all other states, this type of civil lawsuit is not legally available.
Does adultery affect how much alimony you get in a divorce?
Yes, adultery can affect alimony, particularly in fault-based divorce states.
In North Carolina, a spouse who committed adultery is legally barred from receiving alimony by statute.
In no-fault states, the affair itself matters less, but money spent on an affair can be treated as marital waste and reduce the cheating spouse’s share.
Is cheating illegal in the military?
Yes, cheating is illegal in the military under UCMJ Article 134.
Service members can face court-martial, forfeiture of pay, rank reduction, and up to one year of confinement for adultery.
The military applies this rule regardless of what state the service member lives in.
Closing
The legal reality around cheating in 2026 is messier than most people expect. It is already illegal in dozens of states, it carries civil liability in several others, it can reshape a divorce settlement, and it is actively prosecuted in the military.
Bookmark this guide and share it with anyone who thinks adultery laws are a thing of the past. The laws are changing, slowly, but the consequences are real right now.
