Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Alaska, adultery is not considered a crime, as it is in some other states. The state of Alaska follows a 'no-fault' divorce system, which means that a divorce can be granted without the need to prove that one party was at fault for the breakdown of the marriage. Instead, the most common ground for divorce in Alaska is an 'incompatibility of temperament' between the spouses. While adultery may be a contributing factor to the incompatibility, it is not necessary to prove adultery to obtain a divorce. Furthermore, adultery is generally not taken into account when dividing marital assets unless the adulterous behavior has had a direct impact on the financial status of the marriage, such as if marital funds were spent on the affair. In matters of child custody, the court's primary concern is the best interests of the child, and adultery would only be relevant if it directly affects the child's well-being.