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 Wisconsin, adultery is defined under the law as a married person having voluntary sexual intercourse with someone who is not their spouse. However, Wisconsin is a 'no-fault' divorce state, which means that the court does not require either party to prove fault or wrongdoing to obtain a divorce. Instead, the only legal basis for divorce in Wisconsin is the irretrievable breakdown of the marriage. Consequently, the fact that one spouse committed adultery will generally not affect the division of assets or the outcome of the divorce proceedings. The court aims to divide marital property equitably, which does not necessarily mean equally, but rather in a way that is fair and reasonable under the circumstances.