Adultery is not a crime in Massachusetts. The legislature repealed the state’s criminal adultery statute in 2018, ending a colonial-era law that had classified an affair as a felony punishable by up to three years in prison.1General Court of Massachusetts. Massachusetts General Laws Chapter 272 Section 14 You cannot be arrested or prosecuted for an extramarital affair. Adultery does, however, still carry legal weight in a Massachusetts divorce, where it can influence property division, alimony, and in narrow circumstances custody.
When Massachusetts Stopped Criminalizing Adultery
The old statute, General Laws Chapter 272, Section 14, made it a felony for a married person to have sexual intercourse with someone other than their spouse, and it reached the unmarried participant as well. A conviction could bring up to three years in state prison, up to two years in jail, or a fine of up to $500.2General Court of Massachusetts. Massachusetts Code Chapter 272 Section 14 – Adultery Prosecutions were essentially nonexistent for decades before repeal.
The legislature formally repealed Section 14 on July 25, 2018, as part of Acts of 2018, Chapter 155, a bill primarily focused on updating the state’s reproductive health laws.3General Court of Massachusetts. Acts of 2018 Chapter 155 – An Act Relative to Reproductive Health The repeal also removed several related morality offenses from the criminal code. Massachusetts joined a majority of states that have either repealed criminal adultery laws or never had one.
Adultery Is Still a Ground for Divorce
Removing adultery from the criminal code did not remove it from family law. It remains one of the fault-based grounds for divorce under General Laws Chapter 208, Section 1, alongside desertion, substance abuse, and cruel treatment.4General Court of Massachusetts. Massachusetts Code Chapter 208 Section 1 – Causes for Divorce Massachusetts also allows no-fault divorce, where a spouse simply alleges an irretrievable breakdown of the marriage.
Most divorces here proceed on no-fault grounds because proving fault adds complexity without a guaranteed benefit. Alleging adultery can still be strategically useful, though, because it opens the door to arguments about how the affair affected the marriage financially. That is where adultery tends to have real consequences.
How Adultery Affects Property Division
Massachusetts divides marital property under an equitable distribution model, meaning a judge divides assets based on fairness rather than a strict 50/50 split. General Laws Chapter 208, Section 34 lists the factors a judge must weigh, and one of them is “the conduct of the parties during the marriage.”5General Court of Massachusetts. Massachusetts Code Chapter 208 Section 34 – Alimony or Assignment of Estate That language lets courts consider adultery, but the inquiry is financial, not moral.
An affair that costs nothing rarely moves the needle. What matters is when the cheating spouse spent significant marital money on the relationship. Paying for trips, gifts, hotel rooms, or a second household with joint funds can be treated as a dissipation of marital assets. Massachusetts appellate courts have upheld unequal property splits where one spouse went on a spending spree tied to an affair. Judges look at the timing and intent of the spending, whether the spouse meant to deprive the other, and whether it left the family unable to meet financial obligations.
The spouse claiming dissipation carries the burden of proof. Bank statements, credit card records, and other financial documentation are what persuade a judge. Vague accusations rarely do. If the affair had no measurable financial impact on the marital estate, the court is unlikely to adjust the property split based on adultery alone.
How Adultery Affects Alimony
The same “conduct of the parties” language in Section 34 governs alimony, and the same financial focus applies.5General Court of Massachusetts. Massachusetts Code Chapter 208 Section 34 – Alimony or Assignment of Estate Adultery does not automatically disqualify a spouse from receiving alimony, and it does not guarantee a larger award to the faithful spouse. Courts weigh income, earning capacity, age, health, and the length of the marriage under the alimony framework set by the Alimony Reform Act of 2011.6General Court of Massachusetts. Acts of 2011 Chapter 124 – An Act Reforming Alimony in the Commonwealth
If one spouse drained joint accounts to fund an affair, the court can reduce that spouse’s alimony claim or increase the other’s. An affair that did not damage the household finances is unlikely to change the alimony outcome by itself. Judges are not rewarding or punishing marital behavior; they are trying to reach a financially fair result.
Living With a New Partner Can End Alimony
A separate part of the alimony statute has clear, codified consequences for a new relationship. Under Section 49 of Chapter 208, general term alimony must be suspended, reduced, or terminated if the recipient spouse maintains a “common household” with a new partner for at least three continuous months.7General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 49 – Termination, Suspension or Modification of General Term Alimony The paying spouse has to petition the court and prove it.
Courts look at several factors when deciding whether a common household exists:
- Whether the couple shares a primary residence, even if either partner keeps a separate address.
- Economic interdependence, such as shared expenses, joint accounts, or one partner paying the other’s bills.
- Whether the two act as partners in daily life and share domestic responsibilities.
- How friends, neighbors, and family view the relationship.
- Whether both people meaningfully benefit from the arrangement.
If the cohabitation ends, alimony can be reinstated, but it will not extend beyond the original termination date of the order. This provision applies whether or not adultery played any role in the original divorce.
Custody Is Rarely Affected Unless the Child Was
Custody decisions in Massachusetts center on the happiness and welfare of the children. Section 31 of Chapter 208 presumes both parents’ rights equal absent misconduct, and the court considers whether a child’s living conditions adversely affect their physical, mental, moral, or emotional health.8General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 31 – Custody of Children
An affair by itself almost never changes a custody outcome. Judges care about parenting ability, not fidelity. Adultery becomes relevant when it directly harmed the child, for example if a parent exposed the child to inappropriate situations, cycled a series of new partners through the home, or neglected parental responsibilities because of the affair. Household conflict severe enough to damage the child’s emotional stability can also factor in. The distinction the court draws is firm: an affair’s effect on the marriage is one question, and its effect on the child is a separate one.
You Cannot Sue the Other Person
A few states still allow a spouse to sue the person their partner had an affair with, through claims historically called “alienation of affection” or “criminal conversation.” Massachusetts is not one of them. The state abolished those causes of action, and you cannot recover damages from a third party simply because they participated in an affair that damaged your marriage. Your remedies after an affair are limited to the divorce process itself and the financial adjustments a court can make within it.