adultery

Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage . In a fault divorce , adultery is one of the grounds for divorce . In addition to obtaining a divorce, some states also allow courts to consider adultery as a factor in dividing property , awarding alimony , or awarding custody of the children .

Cases such as Gerges v. Gerges (2020) explain that “‘adultery,’ as ground for divorce, is the voluntary sexual intercourse of a married person with one not the spouse.”

[Last reviewed in November of 2021 by the Wex Definitions Team ]

Wex