Cheating on your spouse feels like a private mess. But in Idaho, people still wonder if it’s actually a crime. Honestly, the answer surprises most people.
You’re gonna love this one. Idaho used to treat adultery as a felony. That changed in 2022, and a lot of websites online still haven’t caught up.
What Is Adultery Under Idaho Law?
Adultery means a married person voluntarily has sex with someone who isn’t their spouse. So simple, right? That’s the whole definition.
For decades, Idaho had a criminal law about this tucked inside its sex crimes chapter. Stay with me here, because this is where it gets interesting. Lawmakers repealed that criminal law in 2022. Today, adultery only matters in civil court, mainly during divorce.
Basic Adultery Laws in Idaho
Is Adultery Still a Crime?
No. Adultery is not a criminal offense in Idaho anymore. It used to be a felony under Idaho Code 18-6601, but that changed for good.
Wondering why so many articles online say it’s still illegal? Old information sticks around on the internet forever. Many blogs and legal sites never updated after the law changed, so they still list adultery as a punishable crime.
Here’s what actually happened. In 2022, the Idaho Legislature passed Senate Bill 1325. Lawmakers repealed the state’s outdated “crimes against nature” law, and adultery got swept up in the same cleanup. The bill’s own statement of purpose called the adultery law unenforceable, and honestly, that makes sense. Prosecutors almost never brought charges under it anyway.
What Happened to the Old Punishment?
Before 2022, Idaho’s adultery law carried serious penalties on paper. A conviction could mean a fine between $100 and $1,000. It could also mean up to three years in state prison or up to a year in county jail.
Pause for a second. Those penalties sound intense for something so common, right? That’s part of why lawmakers scrapped it. The law was rarely enforced, and courts considered it mostly symbolic.
Idaho also repealed its old fornication law at the same time. That one covered unmarried people having sex and carried smaller fines. Both laws are gone now. Neither one shows up in Idaho’s current criminal code.
Adultery and Idaho Divorce Law
Adultery as Grounds for Divorce
Not sure how adultery fits into divorce if it’s not a crime anymore? Let me break it down. Idaho still recognizes adultery as one of several legal grounds for divorce under Idaho Code 32-604. This is a civil matter, not a criminal one.
Idaho defines adultery here as voluntary sexual intercourse between a married person and someone other than their spouse. That’s basically the same definition as the old criminal law, just moved into family law instead.
You’re not alone if this confuses you. Idaho is what’s called a hybrid fault state. That means you can file for a no-fault divorce citing irreconcilable differences, or you can file a fault-based divorce and name adultery as the reason. Most people still choose the no-fault route because proving adultery in court is genuinely hard without an admission.
Does Adultery Affect Alimony?
This part can be tricky, honestly. Idaho courts can factor marital fault, including adultery, into spousal maintenance decisions under Idaho Code 32-705. Judges weigh several things when deciding alimony. These include how long the marriage lasted, each spouse’s age and health, financial resources, and yes, fault.
If you committed adultery, a judge might reduce or deny your alimony request. If your spouse cheated, you might receive a larger award. Makes sense, right? Idaho gives judges a lot of discretion here. There’s no set formula, so outcomes really do vary case by case.
Here’s where it gets interesting though. If both spouses had affairs, courts often treat that as mutual fault. Neither side can claim the moral high ground, so the adultery factor sort of cancels itself out.
Penalties and Consequences Today
Let’s talk about what actually happens now if adultery comes up in your case. Since it’s no longer a crime, you won’t face fines or jail time for cheating itself. Think of it like a parking ticket that got erased from the books. It used to carry weight, but not anymore.
The real consequences live in family court. Adultery can influence how much alimony you pay or receive. It rarely affects how property gets divided though. Idaho is a community property state, which usually means assets get split close to 50/50 under Idaho Code 32-712, regardless of who cheated.
Child custody is a different story. Courts almost never punish a parent for adultery alone when deciding custody. The court’s only real question is what’s best for the child. That said, moving in with a new partner before the divorce finalizes can indirectly affect things like spousal support or how a judge views stability for the kids.
Special Circumstances Worth Knowing
Personally, I think this next part trips people up more than anything else. Proving adultery in Idaho courts requires real evidence. Witness testimony, text messages, emails, or photos can all count. But evidence gathered illegally, like unauthorized surveillance or hacking into someone’s phone, usually gets thrown out.
Another thing people don’t realize: cohabitation matters more than the actual act of cheating in many Idaho cases. If a spouse moves in with a new partner while divorce is pending, a judge may see that as sharing expenses. That can lower an alimony request, since the person living with someone else may need less financial support.
A friend once asked me if adultery could get someone arrested in Idaho. Turns out, most people assume it can. It can’t anymore, and honestly, that catches a lot of people off guard.
How to Handle a Divorce Involving Adultery
Wondering what you should actually do if adultery is part of your situation? Here’s some straightforward guidance.
First, don’t try to gather evidence through illegal means. Hacking accounts or secretly recording private conversations can backfire and get thrown out of court. Stick to evidence you can legally access.
Second, talk to a family law attorney early. Idaho’s fault-based divorce process is more complicated and expensive than a no-fault filing. Contested divorces involving adultery claims often cost thousands more in legal fees than uncontested ones.
Third, remember Idaho requires you to live in the state for six weeks before filing under Idaho Code 32-701. There’s no waiting period between discovering adultery and filing for divorce once you meet that residency requirement.
Finally, be realistic about what adultery can and can’t change. It might shift alimony numbers. It probably won’t change how property gets divided. It almost never impacts custody by itself.
Frequently Asked Questions
Is cheating on your spouse illegal in Idaho?
No. Idaho repealed its criminal adultery law in 2022. Cheating is no longer a criminal offense, though it can still matter in divorce proceedings.
Can I go to jail for adultery in Idaho?
No, not anymore. The old law allowed jail time, but that penalty no longer exists since the 2022 repeal.
Does adultery affect alimony in Idaho?
Yes, it can. Judges may consider marital fault, including adultery, when deciding how much spousal maintenance to award under Idaho Code 32-705.
Will adultery affect child custody in my Idaho divorce?
Usually not directly. Idaho courts focus on the child’s best interests rather than punishing a parent for infidelity.
Do I need proof of adultery to file for divorce in Idaho?
You need proof only if you’re pursuing a fault-based divorce citing adultery specifically. Most people file no-fault divorces instead, which don’t require proving anything.
Final Thoughts
Idaho’s adultery laws changed in a big way back in 2022, and a lot of the internet still hasn’t caught up. Cheating on your spouse isn’t a crime anymore. It can still shape your divorce though, especially when it comes to alimony.
Now you know the basics. Stay informed, and if you’re facing a divorce involving infidelity, talk to a licensed Idaho family law attorney who can walk you through your specific situation.
References
- Idaho Code 18-6601, current statute history showing the 2022 repeal and redesignation: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch66/sect18-6601/
- Idaho Code 32-604, Adultery as grounds for divorce: https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch6/sect32-604/
- Idaho Code 32-705, Maintenance factors including marital fault: https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch7/sect32-705/
- ACLU of Idaho, coverage of Senate Bill 1325 and the adultery repeal: https://www.acluidaho.org/legislation/2022-sb-1325-repealing-idahos-antiquated-crimes-against-nature-statute/
- WomensLaw.org, Idaho adultery statute summary: https://www.womenslaw.org/laws/id/statutes/32-604-adultery
