Adultery laws California courts apply and adultery laws vary significantly by state, and questions about whether adultery is illegal, what states criminalize it, and how it affects divorce outcomes come up regularly in California family law practice. This page addresses adultery law California courts apply in 2026, which states still treat adultery as a crime, and what practical effect infidelity has on divorce and support proceedings.
Is Adultery Illegal in California?
Adultery is not a crime in California. California eliminated its criminal adultery statute decades ago. Adultery is a crime in a small number of states but not in California. Adultery crime charges are not possible under California law in 2026 — adultery legality under California law is clear: cheating on a spouse is not a criminal act. California is a no-fault divorce state, which means adultery is also not a ground for divorce. Adultery laws 2026 in California do not punish infidelity criminally or give the betrayed spouse special rights in divorce proceedings solely on that basis.
Adultery Illegal States — Which States Still Criminalize It
Adultery illegal states still exist in the United States, though criminal prosecution is extremely rare. Several states retain adultery on the books as a misdemeanor or felony — including Wisconsin, Michigan, Minnesota, and Idaho among others — though enforcement is essentially nonexistent. The question of adultery illegal in what states arises partly from curiosity and partly from people who relocated from those states. Adultery is illegal in what states depends on whether the state legislature has repealed its statute, but criminal prosecution for adultery is virtually unheard of anywhere in the United States regardless of the law on paper.
How Adultery Affects California Divorce
Adultery California divorce law does not treat as a fault ground for property division. California community property is divided equally regardless of marital misconduct. Adultery law California courts apply does not reduce or increase a spouse's share of community assets because of infidelity.
Adultery does have limited relevance in two California divorce contexts. First, if marital funds were spent on an affair — gifts, travel, housing for a paramour — the faithful spouse may be entitled to reimbursement of half those funds as dissipated community assets. Second, if the supported spouse is cohabiting with a new partner after separation, Family Code section 4323 creates a rebuttable presumption of reduced need for spousal support — but this applies to cohabitation after separation, not to the affair itself during the marriage.
Adultery and Custody in California
Adultry law in California does not make infidelity a factor in custody determinations unless the conduct directly harmed the children — for example, exposing children to inappropriate situations or neglecting them because of the affair. A parent's extramarital relationship, standing alone, is not grounds for reducing custody under California's best interests standard.
Furubotten Law, APC handles divorce and custody matters throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.