Move to Repeal New York’s Anti-Adultery Law Reflects Changes in Divorce Standards

For over a century, New York’s penal code has included a surprising and rarely enforced law that designates adultery as a Class B misdemeanor, punishable by up to three months in jail and a $500 fine. As there have only been a handful of prosecutions for this offense over the past half-century, legislators are working to repeal this antiquated statute. 

Lawmakers have made several arguments in support of the proposed repeal, which has garnered significant support in the state Senate. Proponents of the change argue that the law, enacted in 1907, is not only archaic but also discriminatory, as it has historically been used to target and punish women in divorce proceedings. There has not been much opposition to the repeal, but some opponents argue that the law serves a symbolic purpose in upholding the sanctity of marriage.  

While the law is rarely enforced, its existence on the books can still have negative consequences. In some cases, individuals have been threatened with adultery charges as a form of leverage in custody battles. Removing the law would eliminate this potential for misuse and protect individuals from unnecessary legal threats. It would also be line with other changes over the past couple of decades to New York’s Domestic Relations Law that lessen the importance of infidelity charges in a divorce.

In 2010, the state finally authorized no-fault divorce, allowing spouses to dissolve their marriage without proving separation or some form of marital misconduct on the part of their husband or wife. 

Though adultery remains a legal ground for divorce in New York, most couples opt for a no-fault pleading that declares the marital relationship has been broken beyond repair for at least six months. This removes the obligation of having to prove adultery, cruel and inhuman treatment or another fault ground.

Likewise, New York courts typically do not punish a spouse’s infidelity when determining issues such as the division of marital property. The state’s equitable distribution standard does not list adultery in the factors that must be considered when deciding a fair allocation of assets and debts. However, there can be instances where infidelity might be relevant, such as when a cheating spouse uses marital funds to carry on their affair. 

The move to decriminalize adultery in New York is a reminder to divorcing spouses that they should focus on securing the best parenting and financial terms for their future rather than spending time, money and effort rehashing past conflicts. At the Law Offices of Randy S. Margulis in Williamsville and downtown Buffalo, we provide insightful guidance and strong legal support for family law clients throughout Western New York. For a consultation, please call 716-886-9600 or contact us online.