People may wonder if adultery is a civil or criminal offense. Here’s everything you need to know about adultery laws in California.

Legal Consequences for Adultery

Military personnel may be court-martialed for adultery under the Military Justice Code, but there are no consequences for civilians. There are no laws in California that punish spouses for adultery.

Related: California No-Fault Divorce: What You Need to Know

Adultery and Divorce in California

Adultery is not a factor in determining divorce in California, but it may have financial consequences in the division of assets. For example, if an unfaithful spouse gets a sexually transmitted disease and transfers it to their partner, the partner may collect monetary rewards for the STI during the divorce settlement. Additionally, if the unfaithful spouse spends money on an affair, their partner is entitled to financial damages during the divorce.

Related: Community Property Laws in California


Are there legal consequences for adultery in California?

There are no legal consequences for adultery for civilians in California. However, military personnel may be subject to being court-martialed for adultery.

Does adultery affect divorce in California?

Adultery is not a factor in determining divorce in California, but it may affect the division of assets. If an unfaithful spouse spends money on their affair or transmits an STI, their partner may be entitled to monetary damages during the divorce.

Contact Her Lawyer

If you or a loved one would like to know more about adultery laws in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. If adultery was involved in your marriage, we can get you in touch with one of our California Divorce Attorneys. No matter your legal situation, we have an experienced attorney that’s fit to handle it.