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 Minnesota, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery is considered a misdemeanor under Minnesota law (Minnesota Statutes section 609.36), it is rarely prosecuted. In terms of divorce proceedings, Minnesota is a no-fault divorce state, which means that marital misconduct, including adultery, is not considered by the court when it comes to the reasons for the divorce. This implies that the court does not assign fault to either party for the breakdown of the marriage and does not consider adultery when dividing marital assets or determining spousal support. Instead, the division of assets is typically based on principles of fairness and equity, without regard to the conduct of either spouse during the marriage.