Cheating on your spouse is already illegal in more than 20 US states and remains a prosecutable criminal offense in 2026, despite what most people believe about modern relationship law. The idea that adultery laws are ancient relics with no real teeth is one of the most persistent myths in American legal awareness.
Most adults assume infidelity is purely a personal matter with no criminal consequences. That assumption can be expensive and, in some states, even land you in jail. In states like Mississippi and Wisconsin, adultery is classified as a felony. In the military, it can end a career.
This article covers which states criminalize cheating, what the actual penalties are, how infidelity affects divorce and custody, and whether any new laws are reshaping the rules in 2026.
Is It Going to Be Illegal to Cheat in 2026
Cheating on a spouse is already illegal in 2026 in more than 20 US states under existing adultery statutes, and no major federal legislation is pending that would change that national picture.
The question often comes up because people assume laws naturally evolve toward decriminalization of personal behavior. In some areas, that is true. But adultery statutes have been remarkably durable. Maryland was one of the few states to formally repeal its adultery law, doing so in 2023. Most other states with adultery laws on the books have not moved toward repeal in 2026.
No new federal law makes cheating illegal nationwide, and none is expected. Adultery law remains entirely a state matter. The legal exposure a cheating spouse faces depends almost entirely on which state they live in, whether they are in the military, and whether their marriage is dissolving through a fault-based divorce proceeding.
Quick Facts for 2026:
- Over 20 states still have criminal adultery statutes on their books
- Maryland repealed its adultery law in 2023, reducing that number from prior years
- No federal law criminalizes adultery for civilians
- Military adultery remains prosecutable under UCMJ Article 134
- Prosecution of civilian adultery is rare but has occurred in recent years
- Adultery affects civil divorce proceedings far more commonly than criminal courts
Is Cheating Illegal in the US in 2026
Cheating is illegal in the US in 2026 in states that maintain criminal adultery statutes, though enforcement is rare and prosecution typically occurs only in unusual circumstances or when combined with other criminal conduct.
The United States has no uniform national adultery law. Each state decides independently whether to criminalize marital infidelity. The result is a patchwork: some states treat adultery as a serious felony, others as a minor misdemeanor, and others have no criminal statute at all. If you live in California, Texas, or Florida, cheating on your spouse carries no criminal penalty under state law. If you live in Wisconsin or Idaho, it is technically a felony.
The practical reality is that prosecutions for standalone civilian adultery are uncommon in 2026. District attorneys have wide discretion over what to charge, and most decline to pursue adultery cases absent a compelling public interest reason. But “unlikely to be prosecuted” is very different from “legal,” and the statutes that remain on the books can be applied.
States Where Cheating Is Legal (No Criminal Adultery Statute):
- California
- Texas
- Florida
- Nevada
- New York (repealed)
- Washington
- Oregon
- Colorado
- Illinois (repealed 2003)
Is Adultery Illegal in the US
Adultery is illegal in the US in approximately 21 states as of 2026, with the definition of adultery, the severity of the offense, and the likelihood of prosecution varying significantly across those jurisdictions.
The legal definition of adultery in most state statutes refers to voluntary sexual intercourse between a married person and someone who is not their spouse. Some states extend this to include cohabitation with a person of the opposite sex outside of marriage. The exact definition matters because it determines what conduct is covered and what evidence is needed to prove a violation.
Most Americans are surprised to learn that adultery statutes survived well into the 21st century. The Supreme Court’s decision in Lawrence v. Texas (2003) was expected by many legal scholars to invalidate adultery statutes, since it struck down sodomy laws as violations of the right to privacy. But adultery statutes have survived legal challenges in multiple states on the theory that the state has an interest in protecting the institution of marriage.
The states that have repealed or effectively nullified their adultery statutes in recent decades include New York (repealed 2019), Illinois (repealed 2003), and Maryland (repealed 2023). Others remain on the books and are occasionally tested in court.
Key Legal Definition Elements:
- Married person must be involved in the act
- Sexual intercourse with someone who is not the spouse is the core conduct
- Some states include cohabitation as a separate or additional element
- Both parties to the act can potentially be charged in states that cover the non-spouse participant
- Proof typically requires either admission, direct evidence, or circumstantial evidence establishing opportunity and inclination
Which States Have Adultery Laws in 2026
At least 21 states have criminal adultery statutes still in effect in 2026, ranging from states that classify it as a minor misdemeanor to states that technically classify it as a felony under their penal codes.
The states with active adultery statutes include Mississippi, Wisconsin, Idaho, Michigan, Oklahoma, Minnesota, North Carolina, Virginia, Georgia, Kansas, South Carolina, Massachusetts, New Hampshire, Utah, Arizona, New Mexico, Florida (limited provision), West Virginia, Alabama, Maryland (prior to 2023), and Illinois (prior to 2003). Some of these have not been actively prosecuted in decades. Others have seen occasional enforcement.
The geographic pattern does not follow a simple political or regional divide. Some traditionally conservative states have no adultery statute. Some states with generally progressive legal frameworks retain old adultery provisions that simply have not been repealed. The presence of a statute reflects legislative inertia as much as active policy choice.
| State | Adultery Statute | Classification | Last Known Prosecution |
|---|---|---|---|
| Mississippi | Miss. Code 97-29-1 | Felony | Rare, statute active |
| Wisconsin | Wis. Stat. 944.16 | Class I Felony | Rare, statute active |
| Idaho | Idaho Code 18-6601 | Felony | Rare, statute active |
| Michigan | MCL 750.29 | Felony | Rare, statute active |
| Oklahoma | 21 O.S. 871 | Felony | Rare, statute active |
| Minnesota | Minn. Stat. 609.36 | Misdemeanor | Rare, statute active |
| Virginia | Va. Code 18.2-365 | Class 4 misdemeanor | Rare, statute active |
| North Carolina | G.S. 14-184 | Misdemeanor | Occasional civil connection |
Key Takeaway: Adultery remains a criminal offense in more than 20 US states in 2026, and the severity ranges from minor misdemeanors to felony classifications in states like Wisconsin, Mississippi, Idaho, Michigan, and Oklahoma.
Adultery Laws by State: Penalties and Classifications
Adultery penalties by state range from a $10 fine under Virginia’s Class 4 misdemeanor provision to felony charges carrying potential prison sentences in states like Wisconsin and Mississippi.
The disparity is enormous. Virginia’s adultery statute (Code 18.2-365) classifies the offense as a Class 4 misdemeanor, which carries a maximum fine of $250 and no jail time. Minnesota’s statute (Section 609.36) is a misdemeanor carrying up to 90 days in jail and a $1,000 fine. At the more serious end, Wisconsin’s adultery statute (Section 944.16) is a Class I felony, which carries a maximum of 3.5 years in state prison and a $10,000 fine.
Mississippi’s adultery statute (Section 97-29-1) classifies it as a felony carrying up to 3 years in prison and a $500 fine. Idaho’s adultery provision under Code 18-6601 is also a felony with a maximum 3-year prison sentence. These are among the most severe civilian adultery penalties in the country, though actual prosecution at the felony level is extraordinarily rare.
| State | Statute | Classification | Maximum Fine | Maximum Jail/Prison |
|---|---|---|---|---|
| Wisconsin | Wis. Stat. 944.16 | Class I Felony | $10,000 | 3.5 years |
| Mississippi | Miss. Code 97-29-1 | Felony | $500 | 3 years |
| Idaho | Idaho Code 18-6601 | Felony | Not specified | 3 years |
| Michigan | MCL 750.29 | Felony | Not specified | 4 years |
| Oklahoma | 21 O.S. 871 | Felony | $500 | 5 years |
| Minnesota | Minn. Stat. 609.36 | Misdemeanor | $1,000 | 90 days |
| Virginia | Va. Code 18.2-365 | Class 4 Misdemeanor | $250 | None |
Can You Go to Jail for Cheating on Your Spouse
You can go to jail for cheating on your spouse in states with criminal adultery felony statutes, but actual imprisonment is extremely rare in civilian cases and has not occurred frequently in recent documented history.
The gap between what the law says and how it is enforced is particularly wide in adultery cases. District attorneys in states with felony adultery statutes have exercised discretion to decline prosecution in virtually all cases where adultery is the only alleged offense. There is simply no prosecutorial priority placed on consensual adult infidelity in the current legal environment.
The cases where criminal adultery has actually led to prosecution in recent decades typically involve other complicating factors: the adultery was used as leverage in a bitter divorce, it occurred within a family with additional allegations of domestic violence or fraud, or it involved a public official whose conduct attracted political attention.
The military context is the exception to this pattern. Service members face a genuinely active prosecution environment for adultery under UCMJ Article 134, particularly when the conduct involves other service members’ spouses, when it occurs in the chain of command, or when it is deemed to bring discredit on the armed forces.
When Civilian Adultery Prosecution Is Most Likely:
- Combined with other criminal conduct like fraud or domestic abuse
- Involves a high-profile individual where prosecution serves a public interest purpose
- State statute includes mandatory reporting triggers in specific contexts
- Occurs in a jurisdiction with an aggressive law-and-order prosecutorial office
- The complainant (usually the other spouse) actively pursues criminal charges
Is Adultery a Felony or Misdemeanor
Adultery is a felony in five states (Wisconsin, Mississippi, Idaho, Michigan, and Oklahoma), a misdemeanor in most other states with active statutes, and carries no criminal classification at all in approximately 29 states with no adultery law.
The felony classification in those five states does not reflect a general social consensus that infidelity should be treated as equivalent to other felony offenses. These classifications are largely historical artifacts from an era when adultery was considered a serious threat to social order. Modern law enforcement in those states treats the felony designation as a technical classification rather than an active enforcement priority.
The misdemeanor states include Minnesota, Virginia, North Carolina, Georgia, South Carolina, Kansas, and several others. Misdemeanor adultery carries fines, short jail terms in theory, and the social consequences of a criminal record, though again enforcement is rare.
Felony vs Misdemeanor Summary:
| Classification | States | Typical Maximum Penalty |
|---|---|---|
| Felony | Wisconsin, Mississippi, Idaho, Michigan, Oklahoma | 3 to 5 years prison, fines up to $10,000 |
| Misdemeanor | Minnesota, Virginia, North Carolina, Georgia, Kansas | Up to 1 year jail, fines up to $1,000 |
| No criminal statute | California, Texas, Florida, New York, Colorado, Oregon, etc. | No criminal penalty |
States Where Adultery Is Still a Felony
Five US states classify adultery as a felony in 2026: Wisconsin, Mississippi, Idaho, Michigan, and Oklahoma, each with specific statutory provisions that remain on the books despite being rarely enforced.
Wisconsin’s adultery statute (Wis. Stat. 944.16) is among the most specific. It applies when a married person has sexual intercourse with a person who is not their spouse, or when an unmarried person has intercourse with a married person knowing they are married. Both parties can be charged. The Class I felony classification carries up to 3.5 years in prison and a $10,000 fine.
Oklahoma’s adultery statute (21 O.S. 871) is notable for its penalty range: up to 5 years in state prison, making it potentially the most severe civilian adultery statute in the country from a maximum sentencing standpoint. Michigan’s provision under MCL 750.29 carries up to 4 years, while Mississippi and Idaho max out at 3 years.
The existence of these felony statutes has real practical implications beyond prosecution risk. A felony conviction for adultery, even if obtained in an unusual circumstance, would carry all the collateral consequences of any felony: loss of voting rights in some states, bar from jury service, impacts on professional licenses, and permanent criminal record.
Felony Adultery States in 2026:
- Wisconsin: Class I felony, up to 3.5 years, $10,000 fine
- Oklahoma: Felony, up to 5 years
- Michigan: Felony, up to 4 years
- Mississippi: Felony, up to 3 years, $500 fine
- Idaho: Felony, up to 3 years
Military Adultery Laws and UCMJ Article 134
Military adultery is prosecuted under UCMJ Article 134, which makes conduct that is prejudicial to good order and discipline or that brings discredit upon the armed forces punishable, and adultery is specifically listed as a covered offense with active enforcement.
Unlike civilian adultery law, military adultery prosecution is not rare. The Judge Advocate General’s Manual and the Manual for Courts-Martial specifically address adultery as an offense under Article 134. Military prosecutors have pursued adultery charges against service members in circumstances where civilian prosecutors would never consider action.
The UCMJ adultery provision requires proof of three elements: the accused wrongfully had sexual intercourse with a certain person, the accused or the other person was married to someone else at the time, and the conduct was either to the prejudice of good order and discipline or of a nature to bring discredit upon the armed forces. That third element gives military prosecutors significant flexibility.
A military court-martial conviction for adultery can result in a dishonorable discharge, reduction in rank, forfeiture of pay, and confinement. The severity depends on rank, whether the conduct involved someone in the direct chain of command, and whether any other misconduct accompanied the adultery.
| Military Consequence | Applies When | Severity |
|---|---|---|
| Dishonorable discharge | General or special court-martial conviction | Career-ending |
| Reduction in rank | Court-martial conviction | Significant pay loss |
| Forfeiture of pay | Court-martial conviction | Financial impact |
| Confinement | Serious circumstances, court-martial | Months to years |
| Administrative separation | Even without conviction | Career impact |
Key Takeaway: Military members face genuine active enforcement of adultery laws under UCMJ Article 134, with career-ending consequences that are far more consistently applied than in any civilian jurisdiction in the US.
Does Cheating Affect Your Divorce Settlement
Cheating can significantly affect a divorce settlement in fault-based divorce states, where courts consider marital misconduct including adultery when dividing assets, awarding alimony, and determining other financial outcomes.
The US is roughly divided between no-fault and fault-based divorce states. In no-fault states, marital misconduct including adultery is generally irrelevant to the financial outcomes of a divorce. Courts in California, New York, and most other no-fault states divide property based on equitable distribution or community property principles without regard to who cheated. The emotional satisfaction of having fault recognized legally simply does not translate into financial outcomes in these states.
In fault-based divorce states like Virginia, North Carolina, Georgia, and South Carolina, courts have explicit authority to consider adultery when dividing marital property and awarding alimony. A spouse who committed adultery can receive a smaller share of marital assets or be denied alimony entirely. Virginia courts, for example, can deny alimony to a spouse who committed adultery, though there is a savings clause for cases where denial would constitute manifest injustice.
The practical impact depends heavily on the specific judge, the documented evidence of adultery, and the financial circumstances of the parties. Proving adultery in a fault-based divorce state requires evidence meeting a legal standard, not simply accusations.
Divorce Impact by State Type:
| Divorce System | States | Adultery Impact on Assets | Adultery Impact on Alimony |
|---|---|---|---|
| Pure no-fault | California, New York, Oregon | None | None |
| Fault-based option | Virginia, North Carolina, Georgia | Possible reduction | Can bar alimony |
| Mixed system | Texas, Florida | Limited impact | Limited impact |
| Fault influences property | South Carolina, Alabama | Yes, at court discretion | Yes, at court discretion |
Adultery and Alimony: How Infidelity Affects Spousal Support
Adultery can bar a cheating spouse from receiving alimony in several fault-based divorce states, and in some jurisdictions a cheating spouse may be required to pay more alimony as a consequence of the marital misconduct.
Virginia provides one of the clearest examples. Under Virginia Code 20-107.1, adultery by the party seeking spousal support is a bar to receiving that support unless the court finds that denial would constitute manifest injustice. This is a powerful financial consequence: a spouse who earned significantly less during the marriage may receive nothing in spousal support if they committed adultery and the other spouse can prove it.
North Carolina takes a similarly structured approach. Under G.S. 50-16.3A, a supporting spouse who commits adultery loses the ability to use good faith negotiations around alimony, and a dependent spouse who commits adultery is barred from receiving alimony unless the other spouse also committed adultery.
Georgia courts consider marital misconduct including adultery as a factor in alimony determinations under O.C.G.A. 19-6-1, though adultery does not automatically bar alimony as it does in Virginia. Georgia judges have broad discretion to weigh adultery against other factors.
Alimony Impact of Adultery by State:
- Virginia: Adultery bars alimony for the cheating spouse (with manifest injustice exception)
- North Carolina: Adultery by dependent spouse bars alimony; adultery by supporting spouse obligates alimony
- Georgia: Adultery is a factor in alimony determination at judge’s discretion
- South Carolina: Adultery is relevant to alimony at court discretion
- Florida: No-fault system, adultery generally not considered for alimony
- California: No-fault system, adultery does not affect alimony
Cheating and Child Custody Decisions
Adultery generally does not directly affect child custody decisions unless the cheating spouse’s conduct demonstrably harmed the children or created an unsafe environment for them.
Child custody in all US states is governed by the “best interests of the child” standard. Courts focus on each parent’s ability to provide a stable, safe, and nurturing environment. Marital infidelity, on its own, does not make a parent unfit or less capable of raising children effectively. Courts have consistently held that exposing children to a new partner, attending to their needs adequately, and maintaining stability are what matter, not the parent’s romantic choices during or after the marriage.
The exception is when the adulterous conduct intersects with child welfare. A parent who exposed children to an affair partner in ways that were emotionally harmful, who used marital assets to fund an affair rather than support the family, or whose affair partner has a history of abuse or criminal conduct relevant to child safety may find that the affair is factored into custody analysis.
In military divorce cases, the UCMJ adultery finding can be presented in family court proceedings, and it carries more weight because it represents a formal adjudication of conduct, not simply a one-sided allegation.
When Cheating Can Affect Custody:
- Children were directly exposed to the affair in a harmful way
- Marital funds were diverted to support the affair at the expense of children’s needs
- The affair partner has a history of violence, abuse, or criminal conduct near children
- The cheating parent prioritized the affair over parental responsibilities
- The affair caused demonstrable emotional harm to the children
- A military court-martial for adultery is presented in the family court proceeding
Can You Sue Someone for Cheating With Your Spouse
You can sue the person who cheated with your spouse in states that recognize alienation of affection or criminal conversation as civil torts, though only a handful of states still allow these lawsuits.
Alienation of affection is a civil tort that allows a spouse to sue a third party who interfered with their marriage by pursuing the other spouse. Criminal conversation is a related tort that specifically covers sexual intercourse with a married person. Both torts place legal liability on the affair partner, not just the cheating spouse.
These torts sound like legal relics from another era, and they largely are. Most states abolished them in the 20th century. But as of 2026, North Carolina, Hawaii, Mississippi, New Mexico, South Dakota, and Utah still recognize alienation of affection. North Carolina is the most active jurisdiction and sees the most litigation under these theories.
North Carolina alienation of affection cases have resulted in multi-million dollar jury verdicts in well-documented cases. In 2010, a North Carolina jury awarded $9 million against an affair partner in a case that drew national attention. More recent cases have produced awards ranging from tens of thousands to several million dollars depending on the financial circumstances and the documented harm.
States Where You Can Sue an Affair Partner:
- North Carolina: Most active, multi-million dollar verdicts documented
- Hawaii: Recognized but rarely litigated
- Mississippi: Recognized, infrequently litigated
- New Mexico: Recognized, limited recent litigation
- South Dakota: Recognized, minimal recent litigation
- Utah: Recognized, limited recent litigation
Alienation of Affection Laws by State
Alienation of affection laws allow a wronged spouse to sue the person their partner had an affair with for damages, and North Carolina remains the state where these lawsuits are most actively pursued with the most significant verdicts.
The legal theory behind alienation of affection is that a third party who deliberately pursued a married person and drew them away from their marriage caused measurable harm to the wronged spouse. That harm is compensable in money damages. The wronged spouse does not need to prove that the affair caused the divorce. They need to prove that genuine affection existed in the marriage, that it was alienated, and that the defendant’s conduct caused the alienation.
North Carolina’s alienation of affection and criminal conversation statutes (G.S. 52-13) have been the subject of ongoing legal debate. Defendants frequently argue that these laws are antiquated and unconstitutional. North Carolina courts have upheld them repeatedly, and the state Supreme Court has declined to abolish them through judicial action.
The practical impact of these laws extends beyond courtroom verdicts. The threat of an alienation of affection lawsuit in North Carolina has genuine deterrent value. Potential affair partners in North Carolina face real financial exposure that their counterparts in California or Texas do not.
| State | Tort Recognized | Most Recent High-Profile Verdict | Notes |
|---|---|---|---|
| North Carolina | Yes | Multiple million-dollar verdicts | Most active jurisdiction |
| Hawaii | Yes | Limited recent data | Recognized, rarely litigated |
| Mississippi | Yes | Limited recent data | Combined with criminal adultery statute |
| New Mexico | Yes | Limited recent data | Minimal recent litigation |
| South Dakota | Yes | Limited recent data | Rarely litigated |
| Utah | Yes | Limited recent data | Rarely litigated |
Key Takeaway: Alienation of affection lawsuits are alive in six US states in 2026, with North Carolina being the only jurisdiction where they are actively litigated at significant scale, sometimes resulting in verdicts of millions of dollars against affair partners.
Is Cheating Illegal in Texas, Florida, and California
Cheating is not illegal under criminal law in Texas, Florida, or California, making these three of the largest states in the US where adultery carries no criminal penalty for civilian residents.
Texas has no criminal adultery statute. The Texas Family Code governs divorce and does not classify adultery as a criminal offense. Cheating can be cited as a ground for fault-based divorce in Texas under Texas Family Code 6.003, and courts can consider adultery when dividing marital property and determining spousal maintenance. But no criminal charge follows from cheating in Texas.
Florida is a no-fault divorce state under Florida Statute 61.052. Adultery has no criminal designation and is essentially irrelevant to divorce proceedings in most circumstances. Florida eliminated fault as a ground for divorce, and courts rarely consider adultery in property division or alimony decisions.
California is a pure community property and no-fault divorce state. California Family Code 2310 establishes irreconcilable differences as the only required ground for divorce. Adultery is irrelevant to property division, spousal support calculations, and child custody in California family courts. There is no criminal adultery statute in California.
Summary for the Three Largest States:
| State | Criminal Adultery Law | Affects Divorce Assets | Affects Alimony |
|---|---|---|---|
| Texas | No | Yes (fault divorce option) | Limited discretion |
| Florida | No | No (no-fault) | No |
| California | No | No (community property, no-fault) | No |
Will Adultery Laws Change in 2026
No major legislative movement is expected to significantly change the national picture of adultery laws in 2026, though individual states may continue the gradual trend toward repeal of rarely enforced statutes.
Maryland’s 2023 repeal of its adultery law was the most recent significant change. Before that, New York repealed its adultery statute in 2019. The trend has been slow and steady decriminalization in states where prosecutors had effectively stopped enforcing the law decades ago. States with active enforcement histories or strong political opposition to decriminalization, including Mississippi, Wisconsin, and Idaho, have shown no legislative momentum toward repeal.
At the federal level, no bill has passed Congress to address civilian adultery, and none appears likely to in 2026. The political environment does not favor federal intervention into what has historically been a state family law matter.
The military adultery enforcement framework under UCMJ Article 134 is not expected to change in 2026. Military leadership has consistently maintained that adultery enforcement is necessary for unit cohesion and command discipline, particularly in cases involving command relationships.
Predicted 2026 Legal Landscape:
- States with felony adultery statutes (Wisconsin, Mississippi, Idaho, Michigan, Oklahoma) are not expected to repeal them
- No new states are expected to enact adultery statutes in 2026
- Gradual decriminalization is the long-term trend but moves slowly
- Military adultery enforcement under UCMJ Article 134 remains unchanged
- Alienation of affection remains active in North Carolina with no expected legislative repeal
- Civil divorce consequences of adultery continue to vary significantly by state
Frequently Asked Questions
Is cheating on your spouse illegal in the US in 2026?
Cheating on your spouse is illegal in more than 20 US states in 2026 under criminal adultery statutes.
Whether it is illegal depends entirely on which state you live in, since there is no federal civilian adultery law.
States like Wisconsin, Mississippi, Idaho, Michigan, and Oklahoma classify adultery as a felony, while states like California, Texas, and Florida have no criminal penalty.
Military members face active prosecution risk under UCMJ Article 134 regardless of which state they are stationed in.
Which states can you go to jail for cheating in 2026?
You can go to jail for cheating in states with criminal adultery statutes, including Wisconsin, Mississippi, Idaho, Michigan, Oklahoma, and Minnesota, among others.
Wisconsin’s adultery law classifies it as a Class I felony carrying up to 3.5 years in prison.
Oklahoma has the highest maximum sentence at up to 5 years for adultery.
Actual imprisonment for civilian adultery is rare, but the statutes are legally valid and technically enforceable.
Does cheating affect alimony and divorce settlements?
Cheating can significantly affect alimony in fault-based divorce states like Virginia and North Carolina, where adultery can bar a cheating spouse from receiving spousal support entirely.
Property division can also be affected in fault-based states, where courts have discretion to award a larger share to the non-cheating spouse.
In no-fault divorce states like California, Florida, and New York, adultery has little to no effect on financial outcomes in divorce.
Evidence of adultery must meet a legal standard in court, meaning accusations alone do not automatically change settlement outcomes.
Can you sue the person your spouse cheated with?
Yes, you can sue the person your spouse cheated with in six US states that recognize alienation of affection as a civil tort: North Carolina, Hawaii, Mississippi, New Mexico, South Dakota, and Utah.
North Carolina is by far the most active jurisdiction, with documented jury verdicts reaching millions of dollars against affair partners.
These lawsuits require proving that genuine marital affection existed, that it was alienated, and that the defendant’s conduct caused the alienation.
The other spouse does not need to be divorced for these lawsuits to be filed, and the affair partner bears the financial liability.
Is adultery still illegal in the military in 2026?
Yes, adultery is still illegal for military members in 2026 under UCMJ Article 134.
Military prosecution for adultery is significantly more common than civilian prosecution, particularly when the conduct involves someone in the chain of command or another service member’s spouse.
Penalties include dishonorable discharge, reduction in rank, forfeiture of pay, and confinement.
The military adultery enforcement framework has not changed in 2026 and military leadership continues to treat it as an active disciplinary matter.
Closing
The legal status of cheating in 2026 is more complicated than most people expect. It is already a crime in over 20 states, a career-ending offense in the military, and a financially consequential act in fault-based divorce states.
Bookmark this page and share it with anyone who has questions about how infidelity intersects with the law. The rules vary dramatically by state, and knowing the framework that applies to your specific situation is the starting point for understanding your rights and exposure.
