Is Cheating On Your Spouse Illegal in Boise, Idaho?


Learning about an adulterous relationship is never easy, especially when it becomes the reason for the breakdown of your relationship.

Idaho is a no-fault divorce state, but unfortunately, it may be necessary for you to file an at-fault divorce so you can have your experiences of infidelity heard by a judge. An at-fault divorce means you will need to provide evidence that the ending of the marriage is the sole responsibility of one spouse.

If your spouse committed adultery, you have sufficient grounds to terminate the marriage in Idaho. The support of an experienced divorce law attorney will be invaluable during this process, as adultery has the potential to affect the alimony awarded in your divorce.

Contact an Idaho Divorce Law Firm Attorney today!

Here at Idaho Divorce Law Firm, we recognize that a divorce can be an extremely stressful and difficult time in your life, especially when the ending of the marriage is due to the infidelity of your partner.

Call us today for a consultation with an Idaho Divorce attorney at (208) 295-0304!

Divorce In Idaho

In a no-fault divorce, a couple must prove that the marriage has broken down due to irreconcilable differences; no one party must accept fault.

However, like most other states, Idaho recognizes fault-based grounds for divorce. In this circumstance, the affected spouse must prove, beyond a reasonable doubt, that their partner has committed marital misconduct.

Some examples of marital misconduct may be:

  • Adultery - if your spouse has voluntary sexual intercourse with a person who is not the offender's husband or wife.
  • Conviction of a Crime - if your spouse is convicted of a felony.
  • Extreme Cruelty - physical or emotional malice was committed by one spouse against another, and it may no longer be safe for the couple to cohabit.
  • Willful Desertion - purposefully abandoned for at least one year.
  • Habitual Intemperance - as a result of addiction, one spouse persistently neglects marital responsibilities, which negatively affects the emotional or physical condition of the other spouse.
  • Willful Neglect - failure to provide for the family and child through intentional neglect.
  • Permanent Insanity - if one spouse is sent to a mental institution.

Alimony, also known as 'maintenance', is financial compensation paid by one spouse to the other. It ensures a consistent quality of life is maintained post-divorce and that no one spouse is left destitute after the divorce is finalized.

Under Idaho family law, the judge makes the overall decision when deciding how to award alimony. They will take into consideration each party's earning potential, health status, and financial situation to determine what amount should be paid and how long it should be paid for.

However, if alimony is to be awarded, there needs to be sufficient evidence to prove that the spouse receiving alimony lacks the ability to maintain their living standard and they are unable to self-support through their own employment.

The judge will always aim to ensure that alimony payments are reasonable and fair. There are several factors to consider when deciding on alimony.

These include:

  • The duration of the marriage itself.
  • The physical and mental status of the party seeking maintenance.
  • The financial resources and sufficient property of each spouse.
  • The financial independence of each spouse.
  • Time required for the spouse seeking maintenance to complete any education or training necessary before they find employment.
  • Tax consequences for both parties.
  • The level of fault held by both the spouse paying alimony, and the spouse seeking it.

Adultery is committed when a married person has voluntary sexual intercourse or engages in sexual activity with a person who is not the offender's husband or wife.

Idaho divorce law considers voluntary sexual intercourse of a married individual with another person other than their spouse as a crime.

Whilst many other states have got rid of their adultery statutes, an adulterous spouse in Idaho has the potential to face fines and time in state prison, although this is now extremely rare.

Idaho law allows a judge to consider marital misconduct when determining alimony. Therefore, a judge is allowed to consider infidelity when dividing the marital estate.

This may look like an increase in maintenance payments or the duration of payment owed by the adulterer to the innocent spouse. Similarly, if the spouse who is entitled to alimony payments has committed adultery, the judge may seek to decrease the amount and duration of maintenance that the spouse receives.

However, the aim of the judge is to make a reasonable and fair decision, so adultery will not be the only thing that is considered when determining alimony. Whilst adultery may impact the judge's decision; it will not wholly determine the outcome for the divorcing couple. Instead, the court will want to consider the many factors presented and all considerable evidence to ensure a balanced and fair outcome for the individuals and family members involved.

The priority of any court and judge during a divorce is the well-being and best interests of any children involved. Therefore, a judge will unlikely use evidence of adultery when deciding upon child custody. As long as the adulterous relationship does not impact a child's safety, it will most likely be disregarded when it comes to the final custody decision.

Yes, Idaho divorce law considers voluntary sexual intercourse of a married individual with another person other than their spouse as a crime. However, it is extremely rare that criminal charges will be raised against the individual.

Contact an Idaho Divorce Law Firm Attorney today!

Adultery and infidelity have the potential to cause extreme distress and high-tension situations. Here at Idaho Divorce Law Firm, we understand that each case has its own complexities. Our skilled team of divorce lawyers has the experience and compassion necessary to navigate your individual needs.

Don’t suffer alone; contact us today for a consultation with one of our divorce attorneys at (208) 295-0304!