Adultery in NH

In 2014 New Hampshire repealed its law against adultery.  Prior to that change adultery was a misdemeanor, although the law was almost never enforced.

Some states still have criminal laws against adultery.  Those states include:

• Alabama
• Arizona
• Florida
• Georgia
• Idaho
• Illinois
• Kansas
• Michigan
• Minnesota
• Mississippi
• New York
• Oklahoma
• South Carolina
• Virginia
• Wisconsin

Adultery and divorce law

New Hampshire does allow “fault divorce,” where one or both spouses argues the other committed a wrong. Adultery is one of the possible grounds for a fault divorce.  

In a fault divorce, the judge may take adultery into consideration when dividing assets or setting alimony, and give more to the wronged spouse.

If either spouse argues adultery took place, he or she must provide evidence. The other person involved in the affair will officially become part of the court case.

The alternative is “no fault divorce,” where both spouses agree to split based on “irreconcilable differences.”

If you are considering divorce based on adultery, contact a divorce attorney to discuss your options.

What counts as adultery?

In 2003 the New Hampshire Supreme Court ruled that in divorce cases, adultery only occurs if heterosexual intercourse takes place.

This ruling was prior to New Hampshire legalizing same-sex marriage and repealing the criminal law against adultery, so it is possible a new Supreme Court case could change how courts treat adultery in same-sex relationships.

There have been no recent bills to change New Hampshire’s laws on adultery.