Key takeaways:
- There is no federal law that makes cheating a crime, and the viral claim that cheating becomes illegal in 2026 is not based on any real bill. Marriage and divorce are governed by state law.
- As of October 2026, at least 15 states still have a criminal adultery or adulterous-cohabitation statute on the books, from a $10 fine in Maryland to a felony in Michigan, Oklahoma and Wisconsin.
- Prosecutions are rare. The real consequences of an affair usually show up in divorce court, where some states let adultery affect the grounds for divorce or alimony.
- Service members can be charged with extramarital sexual conduct under the military’s Article 134, and North Carolina still allows lawsuits against the third party for alienation of affection.
Last reviewed: October 22, 2026. This article is general information about US law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
Maybe you saw a post claiming that cheating on your spouse will be a crime starting in 2026. Maybe you just found out about an affair and want to know if the law has anything to say about it. Here is the short answer: in most of the US, cheating is not a crime, but a surprising number of old state laws still say otherwise, and an affair can still matter in a divorce.
Contents
- The 2026 cheating law rumor
- States where adultery is still a crime
- Are these laws ever enforced?
- How cheating can matter in a divorce
- Military rules and lawsuits against the other person
- FAQ
The 2026 cheating law rumor
Posts on social media have claimed that cheating will become illegal, sometimes “after signing marriage papers,” in 2026. We found no federal or state law that took effect in 2026 to create a new crime of cheating. Congress does not regulate marriage or adultery for civilians. Those rules come from each state.
The trend has actually gone the other way. Several states have repealed their adultery crimes in recent years, including Massachusetts (2018), Minnesota (2023) and New York (2024). New York’s law, a Class B misdemeanor, had been on the books for more than a century before Governor Kathy Hochul signed the repeal in November 2024.
States where adultery is still a crime
We checked each statute below against the state’s official code or a current published version of it. Some laws cover any act of adultery. Others only apply when the couple lives together or the relationship is “open and notorious.”
| State | Statute | What it covers and the penalty |
|---|---|---|
| Alabama | Ala. Code 13A-13-2 | Adultery while living in cohabitation. Class B misdemeanor. |
| Arizona | A.R.S. 13-1408 | Adultery. Class 3 misdemeanor. Can only be prosecuted on the spouse’s complaint. |
| Florida | Fla. Stat. 798.01 | Living in an open state of adultery. Second-degree misdemeanor. |
| Georgia | O.C.G.A. 16-6-19 | Adultery by a married person. Misdemeanor. |
| Illinois | 720 ILCS 5/11-35 | Adultery that is open and notorious. Class A misdemeanor. |
| Kansas | K.S.A. 21-5511 | Adultery. Class C misdemeanor. |
| Maryland | Md. Crim. Law 10-501 | Adultery. Misdemeanor with a $10 fine. |
| Michigan | MCL 750.29 to 750.31 | Adultery. Felony. Only on the spouse’s complaint, within 1 year. |
| Mississippi | Miss. Code 97-29-1 | Unlawful cohabitation in adultery. Fine up to $500 and up to 6 months in jail. |
| North Carolina | N.C.G.S. 14-184 | Unmarried couple who “lewdly and lasciviously” cohabit. Class 2 misdemeanor. |
| North Dakota | N.D.C.C. 12.1-20-09 | Adultery by a married person. Class A misdemeanor. Only on the spouse’s complaint, within 1 year. |
| Oklahoma | 21 O.S. 871 and 872 | Adultery. Felony, up to 5 years and/or a $500 fine. Generally prosecuted only on a spouse’s complaint. |
| Rhode Island | R.I. Gen. Laws 11-6-2 | Adultery. Fine up to $500. |
| South Carolina | S.C. Code 16-15-60 and 16-15-70 | Adultery, defined as living together or habitual intercourse. Fine of $100 to $500 and/or 6 months to 1 year. |
| Wisconsin | Wis. Stat. 944.16 | Adultery. Class I felony. |
This list is not a guarantee that no other state has a related law. Some states also have separate “fornication” or cohabitation provisions, and legislatures keep repealing these old statutes. Check your state’s current code if this matters to you.
Are these laws ever enforced?
Very rarely. Several of the statutes above can only be started by the betrayed spouse, and some come with short deadlines. Prosecutors also tend to avoid these cases.
There is also a constitutional question. In Lawrence v. Texas (2003), the US Supreme Court struck down a Texas law that criminalized private, consensual sexual conduct between adults. The Court did not rule on adultery laws directly, but many legal scholars believe the reasoning makes them vulnerable to challenge. Until a court strikes a specific statute down or a legislature repeals it, the law technically stays on the books.
Bottom line: it is very unlikely that anyone will be arrested for cheating in a civilian setting today. The more practical question is what an affair can mean for your divorce.
How cheating can matter in a divorce
Every state offers some form of no-fault divorce, so you never have to prove an affair to end a marriage. But in a number of states, adultery still has legal weight.
- Grounds for divorce. Some states keep adultery as a fault ground alongside no-fault options. Georgia, for example, lists “adultery in either of the parties after marriage” next to an irretrievably broken marriage (O.C.G.A. 19-5-3).
- Alimony. In Georgia, a spouse is not entitled to alimony if it is shown that their adultery or desertion caused the separation (O.C.G.A. 19-6-1(b)). In North Carolina, a dependent spouse’s illicit sexual behavior during the marriage bars alimony, while the supporting spouse’s illicit sexual behavior requires the court to award it (N.C.G.S. 50-16.3A), unless the conduct was condoned.
- Spending on an affair. Even states that divide property without regard to misconduct may look at money wasted on an affair. Illinois, for example, divides property “without regard to marital misconduct” but lets the court consider each spouse’s dissipation of marital property (750 ILCS 5/503(d)).
Other states give an affair little or no weight in property or support decisions. Because the rules differ so much, a family law attorney in your state can tell you whether it is worth raising in your case.
Be careful how you gather proof. Reading someone’s private messages, tracking their phone or recording conversations without consent can break state or federal privacy laws, and the evidence may be thrown out. Ask an attorney before you collect anything.
Military rules and lawsuits against the other person
Article 134 for service members
The military treats affairs differently. Under Article 134 of the Uniform Code of Military Justice, the offense now called “extramarital sexual conduct” can be charged when a service member engages in extramarital conduct, knowing that they or their partner is married to someone else, and the conduct is prejudicial to good order and discipline or brings discredit on the armed forces. In United States v. Wells (decided September 24, 2024), the military’s highest court upheld a conviction where the conduct was open and notorious. Private, discreet conduct may not meet the “service discrediting” test, but it can still be charged as prejudicial to good order in some circumstances.
Alienation of affection
A few states still let a spouse sue the third party in an affair. North Carolina is the best known. Its statute sets limits: conduct after the spouses physically separate with the intent to stay apart does not count, the suit must be filed within three years of the last act, and it can only be brought against a person, not a company (N.C.G.S. 52-13). These are civil lawsuits for money damages, not criminal charges.
Related guides
FAQ
Is cheating going to be illegal in 2026?
No. We found no federal or state law that made cheating a new crime in 2026. Some older state adultery laws still exist, but the recent trend is toward repealing them, as Minnesota did in 2023 and New York did in 2024.
Can you go to jail for cheating on your spouse?
In theory, in a few states, since some adultery statutes carry jail time or are felonies. In practice, prosecutions are very rare, and several states only allow a case if the betrayed spouse files the complaint.
Does cheating affect alimony?
It depends on the state. In Georgia and North Carolina, adultery can bar or require an alimony award. Many other states decide support without regard to misconduct, though money spent on an affair may still be considered.
Can I sue the person my spouse cheated with?
Only in the few states that still recognize claims like alienation of affection, with North Carolina the best-known example. Most states have abolished these lawsuits.
Is adultery a crime in the military?
It can be. Article 134 of the Uniform Code of Military Justice covers extramarital sexual conduct that is prejudicial to good order and discipline or service discrediting, and a conviction can lead to punishment such as a punitive discharge or confinement.
Sources: Ala. Code 13A-13-2; A.R.S. 13-1408; Fla. Stat. 798.01; O.C.G.A. 16-6-19; 720 ILCS 5/11-35; K.S.A. 21-5511; Md. Crim. Law 10-501; MCL 750.29 to 750.31; Miss. Code 97-29-1; N.C.G.S. 14-184; N.D.C.C. 12.1-20-09; 21 O.S. 871 and 872; R.I. Gen. Laws 11-6-2; S.C. Code 16-15-60 and 16-15-70; Wis. Stat. 944.16; Mass. G.L. c. 272, s. 14 (repealed 2018); Minn. Stat. 609.36 (repealed 2023); NPR on New York’s 2024 repeal; O.C.G.A. 19-5-3; O.C.G.A. 19-6-1; N.C.G.S. 50-16.3A; N.C.G.S. 52-13; 750 ILCS 5/503; United States v. Wells (C.A.A.F. 2024); Lawrence v. Texas, 539 U.S. 558 (2003).
