The Shocking Truth About Cheating: Is Infidelity Actually A Crime In 2026?

The question of whether "cheating" will become a crime by 2026 has exploded across social media and online forums, sparking widespread panic and curiosity. As of today, December 15, 2025, the short answer is a definitive no: there is no credible proposed federal or widespread state legislation that would make marital infidelity a new, universally punishable crime in the United States or globally. This viral claim appears to be a false rumor or a dramatic misinterpretation of existing, often archaic, state laws that are rarely, if ever, enforced.

However, dismissing the topic completely would be a mistake. While the trend worldwide is overwhelmingly toward the decriminalization of adultery, a complex web of outdated statutes still exists in certain jurisdictions. Understanding the difference between criminal law (jail time) and civil law (divorce consequences) is crucial for anyone navigating the legal landscape of marriage and infidelity in 2026. The legal consequences of an affair are very real, even if a police officer won't be knocking on your door.

The Decriminalization Trend: Why Adultery is Not a Federal Crime

The legal view of adultery has undergone a massive transformation, shifting from a moral and criminal offense to a private matter within the context of family law. This long-term trend, which continues into 2026, is driven by evolving societal norms, a greater emphasis on individual rights and sexual autonomy, and the widespread adoption of "no-fault" divorce.

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In the vast majority of the United States, and increasingly across developed nations, adultery is no longer a criminal offense that can lead to jail time or a criminal record. New York, for instance, recently decriminalized its archaic adultery statute, a move that reflects the broader national sentiment. Legal scholars and reform advocates continue to push for the repeal of all remaining criminal adultery laws, arguing they are discriminatory, unconstitutional, and a waste of judicial resources.

The 16 States Where Criminal Adultery Laws Still Exist (But Are Rarely Enforced)

Despite the prevailing trend of decriminalization, a significant source of the "cheating is illegal" confusion stems from the fact that approximately 16 U.S. states still have criminal adultery statutes on their books. These are often referred to as "dead statutes" or "undead statutes" because they are almost never prosecuted. The definitions and penalties vary wildly, but they technically remain law in 2026.

In these states, adultery is typically defined as sexual intercourse between a married person and someone other than their spouse. Penalties can range from a minor misdemeanor fine to a felony with potential jail time, though the latter is extremely rare. For example, laws in states like Idaho technically carry a fine and potential imprisonment for up to three years. However, legal experts almost universally advise that the danger of actual prosecution is minimal, as district attorneys and prosecutors focus on more serious crimes.

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• States with Criminal Adultery Laws (Entities): Alabama, Arizona, Florida, Georgia, Idaho, Illinois, Kansas, Massachusetts, Michigan, Mississippi, Oklahoma, South Carolina, Utah, Virginia, Wisconsin. (Note: The exact number and list can fluctuate as states repeal these laws.)
• The Paradox: While the law exists, the Fifth Amendment privilege against self-incrimination can sometimes be invoked in civil divorce proceedings in these states, preventing a spouse from testifying about an affair to avoid potential (albeit unlikely) criminal charges.

The Real Legal Danger: Civil Consequences of Infidelity in Divorce

The true legal ramifications of cheating in 2026 lie not in criminal court, but in the realm of family law and divorce proceedings. While "no-fault" divorce is available in all 50 states, meaning a person can get a divorce without proving adultery, the fact of an affair can still have massive financial and legal consequences. This is where the term "cheating is illegal" takes on a civil, financial meaning.

Fault-Based Divorce and Financial Penalties

Even with no-fault divorce being the standard, most states still permit a "fault-based" divorce, citing grounds like adultery, cruelty, or abandonment. If a spouse can prove the other committed adultery, it can significantly impact the outcome of the divorce settlement.

• Alimony/Spousal Support: In many states, a judge may reduce or completely bar the cheating spouse from receiving spousal support (alimony). Conversely, the non-cheating spouse may be awarded a higher amount of alimony. In some states, like North Carolina, if the dependent spouse committed adultery, they are legally barred from receiving alimony.
• Marital Property Division: While most states are "equitable distribution" states, which aim for a fair (but not necessarily 50/50) division of assets, a judge can consider marital misconduct, including adultery, when determining the final split. For example, a judge might award the non-cheating spouse a greater share if marital funds were used to support the affair (dissipation of marital assets).
• Child Custody: Generally, a court will not use an isolated incident of adultery to deny custody. However, if the affair involved exposing the children to an inappropriate environment, or if the new partner poses a risk, the court may consider the adultery as a factor in determining the child's best interests.

The Shocking 'Tort' Laws: Alienation of Affection and Criminal Conversation

Perhaps the most severe and surprising legal consequences of infidelity in 2026 come from a handful of states that still recognize archaic torts (civil wrongs) that allow a spouse to sue the *third party* involved in the affair—the person their spouse cheated with. These lawsuits can result in multi-million dollar verdicts, making them the most financially dangerous consequence of cheating.

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• Alienation of Affection: This tort allows a spouse to sue the third party for destroying the marriage and depriving them of their spouse's love, companionship, and affection. The cheating spouse is not the defendant.
• Criminal Conversation: Despite the misleading name, this is a civil lawsuit against the third party. It requires proof of a valid marriage and sexual intercourse between the cheating spouse and the third party. No actual crime needs to be proven.
• States Recognizing These Torts (Entities): As of 2026, these torts are still recognized in a small number of states, most famously North Carolina, Mississippi, South Dakota, New Mexico, and Utah. This is where the concept of "cheating is illegal" is most financially potent, as it allows for litigation against the person who helped break up the marriage, leading to massive civil damages.

The Future of Infidelity Law Beyond 2026

Looking ahead, the legal landscape is unlikely to reverse the trend of decriminalization. The focus of family law attorneys and legislators will remain on the financial and familial consequences of divorce, not on criminalizing private sexual conduct. Any proposed laws, such as those promoting "covenant marriages" where divorce is harder to obtain without a fault ground like adultery, are niche and unlikely to gain widespread traction.

The key takeaway for 2026 is that while criminal prosecution for adultery is a near-zero risk in most places, the civil and financial risk remains exceptionally high. Infidelity is a primary cause for divorce, and the evidence of an affair can be a powerful negotiating tool that impacts alimony, property division, and the overall cost of a divorce settlement. Therefore, while cheating may not be "illegal" in the criminal sense, the legal system provides numerous avenues for the non-cheating spouse to seek financial and legal redress.