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 Washington State, adultery is not treated as a criminal offense, and the state follows a 'no-fault' divorce approach. This means that the court does not require proof of wrongdoing by either party to grant a divorce. The actions of a spouse, such as adultery, generally do not factor into the division of assets or the determination of spousal support. Washington is a community property state, which means that all property and debts acquired during the marriage are typically divided equally between the spouses upon divorce, regardless of fault. However, in some cases, the court may consider the circumstances of the marriage when making decisions about the division of property or awarding spousal maintenance, but this is based on economic factors rather than moral judgments about behavior like adultery.