Is Adultery Illegal in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Finding out that your spouse has cheated can be heartbreaking, and adultery is one of the most commonly cited causes of divorce in California and throughout the United States each year. If you are reeling in the aftermath of such a revelation, you may wonder, “Is adultery illegal in California?” While some states consider adultery a crime, it is not the case in California, but you should know what implications adultery may have in family court proceedings.
Understanding Adultery in California Family Court Cases
When a married spouse finds out their partner has been unfaithful, it is highly likely to lead to the breakdown of their marriage. However, while many people might assume that infidelity will have some sort of effect on the outcome of a divorce case, it is rarely true in California. It’s a common myth that a cheating spouse will be disqualified from alimony or spousal support, and there is no-fault considered in California divorce cases.
According to recent data from the Institute of Family Studies, men are generally more likely to cheat on their spouses than women. Married women in the 18 to 29 age bracket are slightly more likely to cheat than men in the same age bracket, but the trend reverses past this age.
Surprisingly, the widest gaps are in the age brackets of the 60s, 70s, and 80s. About 24% of men in their 60s cheat compared to about 16% of women in their 60s, and this extends to 26% and 13%, respectively, in the 70–79 age bracket.
Regardless of who cheats in a marriage, adultery is not illegal in California and very rarely factors into divorce proceedings. However, there are some cases in which adultery can influence the outcome of spousal support determinations and child custody determinations. For example, if a married spouse used shared assets to fund their affair, it will be considered when it comes to property division and spousal support determination.
If a cheating spouse exposed their child to any type of harm with their affair, it could be reflected in a child custody determination. The parent who did this may be denied substantial custody rights, and this could mean they will be required to pay child support to the other parent. Ultimately, an experienced family law attorney is the ideal resource if you are wondering how your spouse’s adultery could potentially impact your divorce.
Filing for Divorce in California
All divorces in California are entered on a no-fault basis. It does not matter which spouse files for divorce, and it is a common myth that being the first to file offers some advantage in your divorce proceedings. The court does not view the filing spouse as the victim, nor is the filing spouse required to give a specific reason for their divorce. While fault can be alleged, almost all divorces are entered on the basis of irreconcilable differences.
Divorce in California will require resolving property division under the state’s community property law, meaning each of the spouses will receive exactly half of their shared assets. However, if one spouse was financially dependent on the other, the dependent spouse may receive alimony or spousal support for a period determined by the court. If the couple had children, they would need to resolve child custody and child support as well.
Ending a marriage due to adultery is never easy, and while you may feel that it is unjust for this to have no bearing on the outcome of your divorce, you can still reach a positive outcome to your divorce case with the right attorney’s assistance. If you are preparing to divorce in California, the attorneys at Quinn & Dworakowski, LLP, can provide compassionate and responsive legal counsel through all stages of your case.
FAQs
In What States Is Adultery Illegal?
Adultery is illegal in a few states, including Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Michigan, Mississippi, Oklahoma, South Carolina, and Wisconsin. It’s charged as a misdemeanor in most states but qualifies as a felony in Michigan, Oklahoma, and Wisconsin. However, charges are rarely filed, and convictions are even rarer, but adultery in these states is highly likely to impact the outcome of divorce cases.
Can You Sue Your Spouse for Adultery in California?
No, you cannot sue your spouse for adultery in California. The state does not recognize adultery as a crime or tort, so there is no basis for a lawsuit. However, if your spouse stole from you due to their affair or if you suffered any direct economic or non-economic losses due to their actions, you may have grounds to claim damages. Consult an attorney to determine whether you have any legal recourse in this situation.
Can Adultery Affect a Divorce Case in California?
Adultery is unlikely to affect a divorce case in California, as the state upholds a no-fault rule for all divorce cases. This means that it does not matter if either spouse directly caused the breakdown of the marriage. However, infidelity could affect the outcome of a spousal support determination. For example, if the unfaithful spouse used shared assets for their affair, it will be considered in terms of ensuring financial fairness in divorce proceedings.
Can Adultery Affect Child Custody in California?
It is possible for adultery to affect child custody in California. If a parent’s infidelity presented any type of risk or harm to the child’s safety or well-being, it is possible for this to be taken into consideration during child custody determination. If you believe your co-parent’s affair put your child at risk, it is crucial to discuss this with an attorney.
Ultimately, adultery can cause tremendous problems for any relationship or marriage, but it is not illegal in California, and it is unlikely to have much impact on family court proceedings except under specific circumstances. If you are facing a divorce or any other family court matter in California and adultery is a factor, it’s important to consult an attorney to learn what you can expect. Contact Quinn & Dworakowski, LLP, to schedule a consultation with our team.
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