On November 22, 2024, New York repealed its 1907 adultery law, which had criminalized adultery as a misdemeanor. This historic change aligns New York with most other states where adultery is no longer treated as a crime.
While this repeal eliminates criminal penalties, many are asking: Does adultery still matter in divorce cases? The short answer is yes—but only in certain circumstances. Here’s what the repeal means for family law and how adultery may still play a role in divorce proceedings.
Does Adultery Still Matter in Divorce Cases?
Adultery may no longer be a criminal offense, but it can still influence divorce cases depending on the circumstances. While New York primarily operates under no-fault divorce rules, there are instances where adultery might be relevant:
- Marital Waste: Using marital funds to support an affair (e.g., gifts, travel, or accommodations) can be classified as “marital waste.” This could affect the division of assets during divorce.
- Emotional Dynamics: While courts prioritize legal and financial considerations, adultery may complicate negotiations, especially if it creates heightened emotions between the parties.
Why Did New York Repeal the Adultery Law?
The 1907 adultery law was rarely enforced and increasingly viewed as outdated. According to the Associated Press (AP), State Senator Brad Hoylman-Sigal, who sponsored the repeal, emphasized that the law no longer served a meaningful purpose in the modern legal system.
The repeal reflects shifting societal norms and a growing focus on individual privacy. By eliminating criminal penalties for adultery, New York follows the lead of most other states, which have either repealed or ceased enforcing similar laws.
What Hasn’t Changed for Divorce Cases
Despite the repeal, the key aspects of divorce law remain unchanged in New York:
- No-Fault Divorce: New York allows couples to divorce without assigning blame, focusing instead on irreconcilable differences or the irretrievable breakdown of the marriage.
- Custody and Support Priorities: Courts prioritize the best interests of children and equitable solutions for financial and property matters.
- Limited Relevance of Adultery: Adultery is unlikely to significantly influence most divorce outcomes unless it directly impacts custody or financial arrangements.
What Should Divorcing Couples Focus On?
If you’re navigating a divorce, the most important areas to focus on are:
- Custody and Parenting Time: Courts aim to create arrangements that prioritize the child’s best interests.
- Equitable Distribution: Work with your attorney to ensure assets are divided fairly, especially if marital waste is a concern.
- Financial Support: Address spousal and child support early to establish stability for all parties.
While adultery may still play a role in certain cases, it’s often more productive to prioritize these core issues with the guidance of an experienced family law attorney.
How We Can Help
At Mandelbaum Barrett PC, we understand that every divorce case is unique. Whether you’re facing questions about adultery, custody, or asset division, the Matrimonial and Family Law team is here to provide guidance tailored to your situation.