Want to know about adultery laws in Arizona, let’s break it down in plain English.
Adultery is actually illegal in Arizona. You read that right. According to Arizona Revised Statutes (ARS) § 13-1408, adultery is considered a Class 3 misdemeanor—but don’t expect to see cops knocking on doors over an affair.
For someone to get in legal trouble for adultery, a spouse has to file a formal complaint, and there needs to be solid proof that their partner had a sexual relationship outside the marriage. Even then, it’s almost never enforced, so it’s more of a law that exists on paper than one that actually affects most people. In reality, most adultery cases play out in divorce courts rather than criminal courts.
Does Cheating Affect Divorce in Arizona?
Arizona is a no-fault divorce state, which means you don’t need to prove infidelity (or any wrongdoing) to get divorced. You just have to show that the marriage is beyond saving—simple as that.
That said, cheating can still come into play when it comes to things like:
- Alimony (spousal support): If a cheating spouse blew marital money on their affair—think fancy gifts, hotel stays, or vacations—the court might adjust alimony payments. The more money wasted, the more a judge may factor it into the financial settlement.
- Child Custody: Generally, adultery doesn’t impact custody unless it directly affects the kids. If a parent’s affair is putting the child in a bad environment—say, by exposing them to unsafe individuals or unstable situations—that could be a factor in a custody battle.
- Splitting Up Assets: If one spouse wasted a bunch of money on their affair, the court might give the other spouse a little extra in the settlement. This is often called “dissipation of marital assets,” and courts take it seriously when deciding who gets what.
What If You Signed a Prenup?
Prenuptial agreements can change the game. Some prenups include infidelity clauses, meaning if one spouse cheats, they might lose financial benefits or owe the other a lump sum. If you signed a prenup with such a clause, your spouse’s affair could have real financial consequences.
Can You Sue Your Spouse’s Affair Partner?
Some states let you sue the person your spouse cheated with for “alienation of affection,” but Arizona isn’t one of them. So, no—you can’t take legal action against your spouse’s lover, no matter how much you might want to.
The Emotional and Financial Toll of Adultery
Beyond the legal side, infidelity can take a serious emotional toll on everyone involved. Divorce itself is stressful, and when cheating is in the mix, it can make things even more painful. If you’re dealing with a situation like this, consider reaching out to a therapist or counselor for emotional support while also working with a family law attorney to protect your interests.
The Bottom Line
At the end of the day, while adultery laws in Arizona technically make cheating a crime, it’s rarely enforced. However, it can still affect divorce proceedings, especially if money was involved. If you’re going through a difficult situation involving infidelity, make sure you understand your legal rights and options.
After Completing my LLB hons, I started writing content about legal concepts and case laws while practicing. I finally started Law Shore in 2024 with an aim to help other students and lawyers.
