Is Sleeping With Someone While Separated Adultery?

Yes, from a legal standpoint, engaging in sexual activity with someone other than your spouse while separated is considered adultery. The key factor is that the parties are still legally married, regardless of their separation, until the marriage is formally dissolved by a court order.

Understanding the Legal Definition of Adultery

Many people mistakenly believe that once they separate from their spouse, they are free to enter into new sexual relationships without legal repercussions. However, the legal definition of adultery is tied to the marital status, not the living arrangement.

• Still Legally Married: Even if you are living apart, have begun divorce proceedings, or are merely contemplating separation, you remain legally married in the eyes of the law.
• Prior to Decree Absolute: In jurisdictions that issue a decree absolute (or a final judgment of divorce), adultery is legally recognized if it occurs before this specific document is granted. This decree is the final legal order that formally ends the marriage. Until this point, the marital bond legally subsists.

Therefore, whether the sexual encounter happened a day after separation or years later, if the divorce has not been finalized through the issuance of the decree absolute, any sexual relationship with a third party is legally classified as adultery.

Adultery in Divorce Proceedings

While the legal definition of adultery is clear, its practical impact on divorce proceedings can vary depending on the jurisdiction and specific circumstances.

Grounds for Divorce

In some legal systems, adultery can be cited as a "fault-based" ground for divorce. This means one spouse can petition for divorce alleging that the other spouse committed adultery.

• Evidence Required: Proving adultery typically requires more than just an accusation. It often involves:
  • An admission from the cheating spouse.
  • Evidence of sexual intercourse (not just a close relationship).
  • Circumstantial evidence that strongly suggests adultery occurred.

Impact on Financial Settlements

In many modern legal systems, particularly those that favor "no-fault" divorce, adultery often has little or no impact on the division of assets or spousal support (alimony). The courts generally focus on financial need and contributions to the marriage rather than marital misconduct.

However, there can be exceptions:

• Dissipation of Assets: If one spouse spent a significant portion of marital assets on a new partner (e.g., gifts, vacations, housing), this could be considered "dissipation" of marital funds and might be factored into the financial settlement.
• Emotional Distress: In rare cases, severe emotional distress caused by adultery might be considered in the context of certain types of damages or awards, but this is highly jurisdiction-dependent.

Key Considerations

Understanding the legal implications of separation and adultery is crucial. Here's a quick summary:

For further information on divorce laws and processes, you can consult reputable legal resources such as the UK Government's information on divorce or information on family law in the US.