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 New Hampshire, adultery was decriminalized in 2014, meaning it is no longer considered a criminal offense. However, adultery can still have legal implications in divorce proceedings. New Hampshire 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. Despite this, the conduct of the parties during the marriage, including adultery, can be considered by the court when determining issues related to alimony and the division of marital property. If the court finds that the adultery had a significant impact on the breakdown of the marriage or affected the economic status of the parties, it may result in an unequal division of assets in favor of the non-adulterous spouse.