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 Maryland, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. It is considered a misdemeanor under Maryland law, but criminal prosecution for adultery is rare. Adultery can be used as a ground for an absolute divorce, and it may affect the outcome of divorce proceedings, particularly in matters of alimony. However, Maryland is an equitable distribution state, which means that marital property is not automatically split 50/50 but rather divided in a manner that is fair and equitable. The court will consider many factors when dividing assets, and while adultery can be one of those factors, it does not guarantee an unequal division of assets. It's important to note that the presence of a no-fault divorce option in Maryland means that proving adultery is not necessary to obtain a divorce.