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 Maine, adultery is considered a Class E crime under the Maine Criminal Code, although it is rarely prosecuted. The law defines adultery as a married person having sexual intercourse with someone who is not their spouse. While adultery can be a ground for divorce, Maine is a 'no-fault' divorce state, which means that a divorce can be granted without the need to prove fault on the part of either spouse. Instead, the most common ground for divorce in Maine is 'irreconcilable marital differences.' However, adultery may still have an impact on certain aspects of the divorce proceedings, such as spousal support or the division of marital property, if the court finds that the adultery had an economic impact on the marital estate or affected the well-being of the children involved.