Legal Definitions - adultery

Adultery refers to voluntary sexual intercourse between a married individual and someone other than their legal spouse. In many legal systems, particularly in the context of divorce, adultery can be considered a "fault ground" for ending a marriage. This means that a spouse can cite their partner's adultery as the reason for seeking a divorce. Beyond just granting a divorce, some courts may also consider adultery when making decisions about property division, spousal support (alimony), or even child custody arrangements, depending on state laws.

Here are some examples illustrating the application of adultery:

• Example 1: Ground for Divorce
  A husband, Mark, discovers that his wife, Sarah, has been regularly engaging in sexual intercourse with a colleague from her office. Mark decides to file for divorce, citing Sarah's actions as the reason for the marital breakdown. In states that recognize "fault" grounds for divorce, Mark could present evidence of Sarah's adultery to the court as the basis for dissolving their marriage.

  How this illustrates the term: This scenario directly demonstrates adultery as a legal ground for divorce. Sarah, a married person, engaged in voluntary sexual intercourse with someone who was not her spouse, fulfilling the definition. Mark's decision to file for divorce based on this act highlights its legal significance in marital dissolution.

• Example 2: Impact on Financial Settlements
  During their divorce proceedings, a wife, Emily, admits to the court that she had a sexual relationship with a neighbor while still married to her husband, David. David's attorney argues that Emily's adultery should be considered by the judge when dividing their marital assets and determining spousal support. In jurisdictions where adultery can influence financial settlements, the court might factor Emily's conduct into its final decisions regarding property distribution or alimony payments.

  How this illustrates the term: Here, Emily's voluntary sexual intercourse with someone other than her spouse constitutes adultery. This example shows that beyond merely being a reason for divorce, adultery can have tangible financial consequences. The court's consideration of Emily's actions when dividing property or awarding alimony demonstrates how the legal system uses the concept of adultery to influence the outcome of a divorce case.