No, Cheating is not going to be illegal in 2026. It is just a pure rumor that is spreading like crazy on social media these days. And at first, when you look at such posts and claims in some content on social media, it’ll make sense to you, but in reality, that’s not how the legal system works, at least not right here in the United States. If you still don’t get it, then just keep on reading to understand it all in a much better way.
First of all, how did this rumor start?
To be honest, this rumor was created in a different country. A big part of it came from the southern Africa-based creators through social media. However, it managed to become a part of various platforms like TikTok, Instagram, and even Facebook. Some of the posts went the extra mile by stating that cheating on the spouse might end up in prison as if marriage was a legal contract and breaking it would have criminal consequences.
Therein lay the genesis for misunderstanding. However, there is no such law in the US being discussed. Fact-checkers and legal experts have already confirmed this. Therefore, if you have been doubting the information, here is your answer: it is not true.
Is Cheating a Crime in the U.S. Right Now?
By the year 2025, the violation of adultery, which is more famous as cheating, has become a misdemeanor in the larger states of the US, and even in a few of such states, it is no more than an antiquated law.
For instance:
- Michigan, Oklahoma, and Wisconsin: Adultery is still a felony there.
- 13 other states + Puerto Rico: It is recognized as a minor offense if it occurs there.
However, with regard to the places mentioned, the probability of the police ever arresting anyone under the charges of infidelity is next to nothing, and there is also an almost total absence of such cases in courtrooms. Most people are not even aware of the existence of these laws, so it is safe to say that such laws belong to the past.
So, in a way, somewhere it can be against the law, but truth be told, one never incurs criminal charges due to the same.
Can Someone Be Sued for Cheating?
Let’s say you’re talking about civil court today. Can someone sue you for cheating? Not in most states. If cheating causes the marriage to end, it may be mentioned in the divorce process, but generally it doesn’t result in a lawsuit or jail time.
There is one exception though: Alienation of Affection lawsuits.
This law still exists in 6 U.S. states:
- North Carolina
- Mississippi
- South Dakota
- New Mexico
- Utah
- Hawaii
In these states, if a person other than your spouse (such as a third party) is reasoned to have been instrumental in getting your spouse to leave you, then you can file a lawsuit against them for causing you emotional harm. But even in those cases, the number of lawsuits is really small, and it is really difficult to prove them. You would have to have strong evidence and the courts are not easy on the plaintiff.
