Can You Sue for Adultery in Wisconsin?

Can You Sue for Adultery in Wisconsin?

No, you cannot sue for adultery in Wisconsin. You generally cannot file a civil lawsuit against your spouse or the person they had an affair with simply because of the adultery. Wisconsin no longer recognizes “alienation of affection” claims, which historically allowed a spouse to sue a third party for interfering with a marriage.

Although adultery is still technically a crime under Wisconsin law, that is separate from filing a civil lawsuit. Wisconsin is also a no-fault divorce state, so you do not need to prove adultery or other marital misconduct to obtain a divorce.

Can You Sue the Person Your Spouse Cheated With in Wisconsin?

No. You generally cannot sue your spouse’s affair partner for damages simply because they participated in an affair. Wisconsin abolished the civil cause of action commonly known as alienation of affection, which once allowed someone to pursue a lawsuit against a third party accused of contributing to the breakdown of a marriage.

Does Adultery Affect a Wisconsin Divorce?

Adultery itself generally does not determine the outcome of a Wisconsin divorce. Because Wisconsin follows no-fault divorce laws, courts do not use infidelity to punish a spouse when granting a divorce.

However, conduct associated with an affair can sometimes become relevant. For example, if a spouse used substantial marital funds on gifts, travel, lodging, or other expenses related to an affair, the depletion of marital assets may become an issue during property division.

Can You Press Criminal Charges for Adultery in Wisconsin?

Adultery is technically prohibited under Wisconsin law, but a criminal case is different from a civil lawsuit. A private individual does not personally prosecute someone for adultery. Criminal prosecution is handled by government authorities.

Therefore, the fact that Wisconsin law addresses adultery as a criminal offense does not mean that a spouse can sue for civil damages because their husband or wife cheated.

From a Practical Perspective, No.

Wisconsin used to have a law against “alienation of affection.” This allowed a party to sue anyone thought to be responsible for the breakup of their marriage—including therapists, clergy members, or mothers-in-law. Under this statute, the victim of adultery could even sue his or her spouse’s paramour.

However, that statute section has been abolished—meaning there is no longer a basis for filing a lawsuit for “alienation of affection.” As a practical matter, this means you cannot sue for adultery in Wisconsin.

Is Adultery Illegal in Wisconsin?

Short answer: Yes. Under Wisconsin adultery laws, adultery is technically a criminal offense and is classified as a Class I felony under Wisconsin Statute § 944.16. However, the law is rarely enforced in practice.

Is Adultery a Felony in Wisconsin?

In Wisconsin, adultery remains a Class I Felony under section 944.16 of the Wisconsin Statutes. This is an archaic statute that exists on the books but not in practice. If your spouse is cheating and you call the police, it is entirely unlikely that the authorities will take a report or arrest your spouse. There is virtually no chance the district attorney will prosecute it.

The adultery statute is a throw-back to a time when parties had to prove “fault” to get a divorce. Very often, charges of adultery formed the basis of that “fault.” Since 1977, Wisconsin courts cannot consider who is at fault when granting a divorce. As a result, adultery does not provide an alternative way to avoid divorce. If you are considering options other than divorce, it is important to understand how to get an annulment in Wisconsin, as annulments are only available in very limited circumstances and are not based on marital misconduct.

How Does Adultery in Wisconsin Affect Divorce?

Short answer: It doesn’t
Courts cannot consider adulterous acts when making decisions in a divorce. This also means that parties typically will not be able to elicit testimony about the adultery in court and cannot call a party’s paramour to testify about the adultery.

Does adultery affect alimony in divorce?

Short answer: No.
Alimony is called “maintenance” in Wisconsin, and it is not affected by adultery. If you are the party having an affair or dating before your divorce is final, the judge cannot punish you by making you pay more to your spouse.

Likewise, if your spouse is cheating or is dating someone while the divorce is pending, you will not get more money because of it.

Does adultery impact property division, child support or custody?

Short answer: No.

Again, Wisconsin courts cannot consider adultery when deciding financial issues, except to the extent the adultery wrongfully depletes the marital estate.

Courts also cannot consider adultery when dividing marital property in Wisconsin. Instead, judges focus on fairly dividing assets such as real estate, savings, retirement accounts, and pensions according to state law. If you are concerned about how long-term assets will be handled in your case, it is important to understand Wisconsin divorce pension laws, especially when retirement benefits make up a significant portion of the marital estate.

Having an affair does not obligate you to pay more than half of the marital estate to your spouse in the property division. If your spouse cheats on you, you are not entitled to more than half of the marital estate.

Adultery does not impact child support at all. Regardless of how much you or your spouse spend on a new relationship, the court will still consider your entire income to be available for child support purposes.

Committing adultery in and of itself does not impact the court’s opinion on whether a party is fit to be a parent. Adultery will only factor into the court’s custody and placement decisions if the parent’s new partner negatively impacts the children. In determining whether a new partner has a negative impact, the court will consider such factors as how much time the parent spends with the partner while he or she is supposed to be with the children; whether the children have met the partner and, if so, whether the children and the partner have a good relationship; and whether the new partner interferes with the parent’s relationship with the children.

If you have questions or concerns about how a new relationship will impact your pending divorce, please call us for a 100% confidential consultation!