Most people assume cheating has major legal consequences in Indiana. Seriously. It seems like it should, right? But the reality is a lot more nuanced than you might think. Let’s break it all down so you know exactly where you stand.
What Is Adultery?
Adultery means a married person having sex with someone who is not their spouse. Pretty simple definition. The marriage has to be legal and ongoing at the time. It doesn’t matter if the couple is separated or living apart. If you’re still legally married, it counts.
Wondering if this applies to you? It might, even if the situation feels complicated. Keep reading.
Is Adultery a Crime in Indiana?
Here’s the big one. Adultery is not a crime in Indiana. Not even close. Indiana removed its criminal adultery law back in 1976. That’s right, it’s been gone for almost 50 years.
So you can’t be arrested for cheating on your spouse in Indiana. No criminal charges. No jail time. No fines from the state. It’s treated as a private matter between adults.
Honestly, this surprises a lot of people. Most folks assume cheating is illegal everywhere. It’s not.
Indiana Is a No-Fault Divorce State
Okay, pause. This part is important.
Indiana is what lawyers call a “no-fault” divorce state. That means you don’t need to prove your spouse did anything wrong to get a divorce. You just have to tell the court the marriage is “irretrievably broken.” That’s it. No blame needed.
So adultery is not a legal ground for divorce in Indiana. You can’t go to court and say “my spouse cheated, so grant my divorce on those grounds.” The court doesn’t care about fault in that way. Pretty much any couple can divorce without pointing fingers.
Does Adultery Affect Divorce at All?
Sound like cheating has zero impact? Not quite. Stay with me here.
Adultery can still matter in certain parts of a divorce. The key is how it affected the money and the kids. Courts don’t ignore it completely.
Property Division
Indiana courts split marital assets fairly. The starting point is a 50/50 split. But a judge can adjust that split based on the circumstances.
Here’s where it gets interesting. If your spouse spent marital money on an affair, that’s called “dissipation of assets.” Think joint bank account money used for gifts, dates, or trips with someone else. That is actually something the court can consider. If you can prove your spouse wasted shared money on the affair, you might get a bigger share of the remaining assets.
Not sure what counts? Basically, any marital funds spent to support the affair could qualify.
Spousal Maintenance (Alimony)
This one’s a bit more complicated, honestly. Indiana’s rules for alimony are pretty specific. Courts look at things like income, job skills, and how long the marriage lasted.
Adultery doesn’t directly decide alimony. But if the affair put you at a financial disadvantage, a judge might consider that. It’s not guaranteed to help your case, but it’s not completely off the table either.
Child Custody
Indiana courts always focus on the best interests of the child. That’s the main rule. Adultery alone doesn’t usually change custody decisions.
But here’s where it can matter. If a parent’s behavior during or after the affair affected the kids, the court pays attention. For example, bringing a new partner around the children too soon or in harmful ways could influence the judge. Exposing children to risky situations is a red flag courts take seriously.
The Inheritance Rule
Wait, it gets better. There’s actually one area where adultery has a very clear legal consequence in Indiana.
Indiana Code 29-1-2-14 says this: if a spouse leaves their partner and is living in adultery at the time of their death, they lose their right to inherit from the deceased spouse’s estate. So if you leave your spouse, start living with someone else, and then your estranged spouse dies, you could lose your inheritance rights completely.
That’s a real financial consequence. Think of it like a penalty clause built into marriage. Most people have no idea this rule exists.
Prenuptial Agreements and Adultery
Many couples include infidelity clauses in prenuptial agreements. These are contracts signed before marriage. They can spell out consequences if one spouse cheats. Indiana courts can enforce these agreements in some cases.
If you have a prenuptial agreement with an adultery clause, talk to a lawyer. The enforceability depends on how the agreement was written and signed. Not all clauses hold up in court, but some absolutely do.
Defamation: Don’t Falsely Accuse Someone
Here’s a rule most people completely overlook. Under Indiana Code 34-15-5-1, falsely accusing someone of adultery is considered defamatory. That means you can actually be sued for lying about someone cheating. False accusations can have real legal consequences for the person making them.
So if you’re going to make a claim about a spouse’s affair in court, you better be able to back it up.
How to Prove Adultery in Indiana
You’re not alone if you’re wondering how you’d even prove something like this. Courts don’t require you to catch someone in the act. But you do need evidence.
Financial records are often the most useful. Bank statements, credit card records, and receipts showing money spent on someone else can build a strong case for asset dissipation. Text messages, emails, and phone records can also support claims of an affair. Photos and other documentation may help too.
You generally need to show that your spouse had the opportunity and the inclination to have an affair. That’s the legal standard in most cases. A family law attorney can help you figure out what evidence is strong enough.
Fault-Based Divorce: What Are the Actual Grounds?
Many people ask about fault-based divorce in Indiana. It does exist, but adultery isn’t one of the options. The three fault-based grounds are:
A felony conviction after the marriage began is one ground. Impotence at the time of marriage is another. Incurable insanity lasting at least two years is the third.
That’s it. No adultery. No abuse. No abandonment. Just those three. Indiana’s list is actually shorter than most states.
Practical Tips If You’re Dealing With Infidelity
Here’s what you need to do if you’re facing this situation.
Start by documenting everything. Save financial records. Note dates and amounts if you suspect marital money was misused. Keep evidence organized and secure.
Don’t publicize the affair online or to everyone you know. Divorce filings are public records. Details of an affair could end up visible to anyone.
Consult a family law attorney early. A good lawyer can tell you whether the adultery actually matters in your specific case. Every situation is different. An attorney can review your assets, your kids’ situation, and your finances to give you real advice.
You’re not alone in feeling confused by all of this. These rules genuinely surprise most people.
Frequently Asked Questions
Is cheating on your spouse illegal in Indiana? No. Indiana removed its criminal adultery law in 1976. Adultery is not a crime in Indiana today.
Can I divorce my spouse because they cheated? You can absolutely get a divorce, but not on adultery as a legal “fault ground.” Indiana’s main divorce ground is simply that the marriage has irretrievably broken down.
Can cheating affect how property gets divided? Yes, if your spouse spent marital money on the affair. Courts can adjust the asset split if one spouse wasted shared funds on someone else.
Does adultery affect child custody in Indiana? Not directly. But if the affair negatively affected the children or the parent’s ability to care for them, a court can consider that.
Can I lose my inheritance if I commit adultery? Yes, under Indiana law, a spouse who leaves their partner and is living in adultery at the time of the other spouse’s death can lose inheritance rights from that spouse’s estate.
Can I sue someone for falsely calling me an adulterer? Yes. Indiana law treats false accusations of adultery as defamation, which means you could have grounds for a lawsuit.
Final Thoughts
So now you know the real story. Adultery is not a crime in Indiana. It won’t land you in jail or cost you a fine. But it’s also not completely without consequences. If money was misused, if kids were affected, or if inheritance is involved, it can absolutely matter.
Stay informed, keep good records, and talk to a family law attorney if you’re navigating a divorce where infidelity is part of the picture. The law is more nuanced than most people expect. And knowing your rights is always the first step.
References
- Indiana Code § 29-1-2-14 – Adultery; Forfeiture of Rights to Estate or Trust: https://law.justia.com/codes/indiana/title-29/article-1/chapter-2/section-29-1-2-14/
- Indiana Code Title 34 § 34-15-5-1 – Defamation / False Accusations of Adultery: https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-15-5-1/
- Indiana Code § 31-17-2-8 – Child Custody Best Interests Factors: https://legalclarity.org/is-adultery-illegal-in-indiana-what-you-need-to-know/
- Katzman & Katzman, P.C. – Does Adultery Influence an Indiana Divorce? (2023): https://www.k2lawfirm.com/blog/2023/09/does-adultery-influence-an-indiana-divorce/
- Wallace Law Firm – Adultery and Its Influence on an Indiana Divorce (2024): https://www.wallacelawfirm.net/blog/2024/11/adultery-and-its-influence-on-an-indiana-divorce/
- LegalClarity – Is Adultery Illegal in Indiana? (2025): https://legalclarity.org/is-adultery-illegal-in-indiana-what-you-need-to-know/
- Indiana Courts – Indiana Divorce Laws Overview: https://www.in.gov/courts/selfservice/family/divorce/
