Most people have no idea cheating on your spouse is technically a crime. Seriously. But in Maryland, adultery is still against the law. And while the penalty is tiny, the ripple effects in a divorce case can be anything but.
Let’s break down exactly what the law says, how it affects divorce, and what you actually need to know in 2026.
What Is Adultery Under Maryland Law?
Adultery means a married person has voluntary sexual intercourse with someone who is not their spouse. That’s basically it. Maryland’s law doesn’t get too fancy with the definition.
The key word is “married.” If you’re separated but still legally married? You could still technically be committing adultery under Maryland law. Pretty important detail.
Is Adultery Still Illegal in Maryland?
Yes. It is.
Maryland Criminal Law, Section 10-501, says simply: “A person may not commit adultery.” That law has been on the books since 1715. You read that right. Over 300 years old.
Adultery is classified as a misdemeanor in Maryland. The penalty? A $10 fine. That’s literally it. No jail time. Just ten dollars.
Sound ridiculous? Honestly, a lot of legal experts think so too. Lawmakers tried to repeal the law back in 2018. The bill passed in the Maryland House of Delegates 87 to 49. But it stalled in the Senate and never became law.
As of 2026, adultery is still technically a crime in Maryland.
How Often Is It Actually Enforced?
Almost never.
Since 2015, only about eight people have been charged with adultery in Maryland. And here’s the wild part: none of those cases resulted in a conviction.
One real case? Back in 2017, a woman in Baltimore County was actually charged after police responded to a domestic dispute. She was shocked. “I thought it was like a joke,” she said.
Prosecutors later agreed to set the case aside. That’s pretty much how these cases go.
Wondering if you could actually be prosecuted? It’s possible in theory. But in practice, prosecutors have much bigger priorities. Adultery charges are about as rare as it gets.
How Adultery Affects Divorce in Maryland
Okay, this is the important part. Pay attention here.
As of October 1, 2023, Maryland became a no-fault divorce state. That means adultery is no longer an official legal ground for filing for divorce. You can simply cite “irreconcilable differences” instead.
But wait. That does NOT mean adultery becomes irrelevant in your divorce case. Not even close.
Maryland judges are still required to consider the “circumstances that led to the estrangement” of spouses. Adultery absolutely counts as one of those circumstances. It can affect two big things: alimony and property division.
Adultery and Alimony
Let’s talk about alimony first.
Alimony is financial support paid from one spouse to another after a divorce. Judges have wide discretion in deciding whether to award it, how much, and for how long.
If your spouse cheated and that affair contributed to the breakdown of your marriage, a judge can factor that in. The cheating spouse may receive less alimony. Or no alimony at all.
This one’s probably one of the most significant ways adultery can hurt someone financially in a Maryland divorce.
Adultery and Property Division
Here’s where it gets interesting.
Maryland is an “equitable distribution” state. That means marital property gets divided fairly, but not always 50/50.
Adultery by itself won’t automatically change how assets are split. But there’s one big exception: dissipation of marital assets.
Think of dissipation like this: if your spouse spent marital money to fund the affair, that spending can be held against them. Gifts, hotel rooms, trips, financial support for a lover. All of that comes out of marital funds. A judge can compensate the other spouse by awarding them a larger share of what’s left.
Makes sense, right?
Postnuptial Agreements and Adultery Penalties
This one surprises a lot of people.
In 2023, the Maryland Supreme Court ruled that “bad boy” clauses in postnuptial agreements are enforceable. A postnuptial agreement is a legal contract spouses sign after they’re already married.
One famous case involved a husband who agreed in writing to pay his wife $7 million if he cheated again. He did. The court upheld the agreement.
The court was clear about one thing though: the penalty must be tied to the division of actual marital assets. You can’t create an unlimited financial punishment that goes beyond what marital property is worth. There are limits.
Does Adultery Affect Child Custody?
Not usually. But it depends on the situation.
Maryland courts used to presume that a parent who committed adultery should not get custody. That standard is long gone.
Today, judges focus on one thing above all else: the best interests of the child. A parent’s affair is generally considered irrelevant to their ability to raise a child well.
Adultery might matter to custody decisions only if it directly harmed the child. For example, if the affair involved exposing the child to an abusive person, or if the parent became completely absent due to the relationship. Those situations are different.
Child support calculations are not affected by adultery at all.
Can “Forgiveness” Change Things Legally?
Yes. This is a real legal concept.
In Maryland, if the betrayed spouse finds out about the affair and then continues to have a sexual relationship with the cheating spouse, the adultery may be considered legally forgiven. This is called “condonation.”
Once adultery is condoned, it can no longer be used as a factor in certain parts of the divorce case. It basically gets wiped off the table.
So if you’re considering divorce after discovering a spouse’s affair, this is something to discuss with a lawyer right away.
How to Prove Adultery in Maryland
Wondering what counts as proof? You’re not alone. This confuses a lot of people.
Adultery must be proven by evidence, not just a gut feeling. Courts generally require two types of proof.
First, you need to show the cheating spouse had the “disposition” and “opportunity” to commit adultery. That means showing they were interested in another person and had the chance to act on it.
Evidence might include text messages, emails, hotel receipts, social media, or witness statements. A family law attorney can help you gather and present this evidence properly.
Special Circumstances: What About Same-Sex Couples?
Maryland’s adultery law applies regardless of the gender of the parties involved. Maryland has recognized same-sex marriage since 2013. The same rules around adultery and divorce apply equally to all married couples.
Frequently Asked Questions
Is cheating on your spouse a crime in Maryland? Yes, technically. Adultery is a misdemeanor under Maryland Criminal Law Section 10-501, punishable by a $10 fine. But prosecutions are extremely rare.
Can I get divorced faster if my spouse cheated? Not anymore. Since October 1, 2023, Maryland is a no-fault divorce state. Adultery is no longer a ground for divorce, though it can still affect alimony and property division.
Will adultery affect how much alimony I receive or pay? Possibly. Maryland judges consider the circumstances that led to the marriage breakdown, and a judge can factor adultery into alimony decisions.
Does a cheating spouse lose their share of marital property? Not automatically. But if marital money was spent on the affair, the judge may award the other spouse a larger share to compensate.
What if we have a postnuptial agreement with a penalty for cheating? Maryland courts will enforce those clauses, as long as the penalty is tied to the division of marital assets and does not exceed what’s fair under the circumstances.
Final Thoughts
So here’s the short version. Adultery is technically still a crime in Maryland, but it carries only a $10 fine and is almost never prosecuted. The real consequences show up in divorce court, where infidelity can affect alimony, property division, and postnuptial agreements.
The law changed significantly in 2023 when Maryland removed adultery as a grounds for divorce. But it did not remove adultery from the picture entirely.
Now you know the basics. If you’re dealing with a situation involving adultery and divorce, talking to a Maryland family law attorney is always the smartest move.
References
- Maryland Criminal Law Section 10-501 – Adultery (Official Statute)
- Maryland People’s Law Library – Crimes Against Marriage
- The Baltimore Banner – Yes, Adultery Is a Crime in Maryland (September 2025)
- DivorceNet – Does Adultery Affect Alimony in Maryland?
- Maryland Volunteer Lawyers Service – 2025 Family Law Legislative Updates
