Adultery Laws in Pennsylvania

No, adultery is not a crime in Pennsylvania. However, it can still impact divorce proceedings, especially in cases involving spousal support or fault-based divorce.

At Cooper Family Law, we guide clients across Philadelphia and Southeastern PA through sensitive divorces involving infidelity, ensuring their legal rights are protected and the facts are presented clearly.

Under Pennsylvania law, adultery is defined as voluntary sexual intercourse with a person other than your spouse while still legally married. This applies even if the couple is separated but not yet divorced.

Courts do not consider emotional affairs or flirtation as legal adultery unless sexual intercourse occurred.

Yes. Adultery is one of the fault grounds for divorce under 23 Pa. C.S. § 3301(a). To file on these grounds, the filing spouse must prove that adultery occurred and that it caused the breakdown of the marriage.

Evidence may include:

• Text messages, emails, or social media posts

• Hotel receipts or travel records

• Testimony from a private investigator or witness

• Admissions by the spouse

Keep in mind that filing on fault grounds typically requires more time, expense, and evidence than a no-fault divorce.

Yes — possibly. According to 23 Pa. C.S. § 3701(b)(14), marital misconduct prior to separation (including adultery) may be considered when awarding alimony. The court can reduce or deny alimony to a spouse who committed adultery before the official separation.

Important notes:

• Adultery after separation usually doesn’t count

• Misconduct must be proven with credible evidence

• The impact on alimony is at the judge’s discretion — it’s not automatic

Generally, adultery does not affect custody unless the conduct negatively impacts the child or raises concerns about judgment, stability, or exposure to inappropriate situations.

Family courts in PA prioritize the best interest of the child, as outlined in 23 Pa. C.S. § 5328. Custody decisions are rarely swayed by infidelity alone.

No. Pennsylvania is an equitable distribution state, and courts do not consider fault (like adultery) when dividing marital property — unless the misconduct resulted in financial dissipation of assets (e.g., spending marital funds on an affair).

If one spouse used joint money for travel, gifts, or housing related to an affair, the other spouse may be entitled to a larger share of marital assets to compensate.

Adultery must be proven by "clear and convincing evidence." Direct admission is not always required — circumstantial evidence may suffice. This typically includes showing:

• Opportunity (they were alone together)

• Inclination (suggestive messages, romantic involvement)

A qualified divorce attorney can help gather admissible evidence and ensure the claim is presented properly.