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Divorce

adultery

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 Massachusetts, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery is technically a crime under Massachusetts law (Massachusetts General Laws Chapter 273, Section 14), it is rarely prosecuted. In the context of divorce, Massachusetts is a 'no-fault' divorce state, which means that a divorce can be granted without proving that one party was at fault for the end of the marriage. However, fault grounds for divorce, including adultery, can still be cited (Massachusetts General Laws Chapter 208, Sections 1 and 2). When it comes to the division of assets, Massachusetts follows an 'equitable distribution' model, which means the court divides marital property in a manner it deems fair, though not necessarily equal. While adultery may not have a direct impact on the division of assets, it could potentially be considered by the court as a factor in the overall determination of what is fair, particularly if the adultery had economic repercussions on the marital estate.

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Divorce

adultery

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Divorce

adultery

Articles