Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Alabama, adultery is considered a misdemeanor offense under the state's criminal code, although it is rarely prosecuted. In the context of divorce, Alabama is a mixed state, meaning that it allows for both no-fault and fault-based divorces. Adultery can be cited as a ground for a fault-based divorce, and it may impact the outcome of divorce proceedings. When adultery is proven, it can affect the division of marital assets, alimony, and custody determinations. Alabama courts may consider the adultery of either spouse and the circumstances surrounding it when making decisions about alimony and the division of property. However, the primary consideration in custody matters is the best interest of the child, which may or may not be influenced by a parent's adulterous behavior.