Is Adultery Illegal in North Carolina?

Yes, adultery is still illegal in North Carolina. Under Section 14-184 of the North Carolina General Statutes, a man and a woman who are not married to each other and who carry on an ongoing sexual relationship can be charged with a Class 2 misdemeanor, a lower-level criminal offense.

For a spouse going through a divorce, though, the civil consequences of an affair can matter far more than the criminal statute: adultery can decide whether alimony is paid, and it can support a lawsuit against the third person.

What Does North Carolina’s Criminal Adultery Law Cover?

The statute uses old-fashioned wording, making it a crime to “lewdly and lasciviously associate, bed and cohabit,” and that language points to a continuing relationship rather than a single encounter. It also limits proof: one person’s admission or confession cannot be used as evidence against the other.

A criminal charge would be a separate case brought by the state, not part of your divorce. The rules that shape your divorce use a different definition of misconduct and carry different consequences.

How Does Adultery Affect Alimony in North Carolina?

In a North Carolina divorce, the term that matters is illicit sexual behavior. Under Section 50-16.1A, it means certain sexual acts a spouse voluntarily has with someone other than the other spouse. Unlike the criminal statute, a single act can qualify.

Under Section 50-16.3A, alimony goes to a dependent spouse, meaning the spouse who relies on the other for support, from the supporting spouse. Alimony can be decided before the property division is final. When illicit sexual behavior happened during the marriage and on or before the date of separation, the statute directs the result:

• Dependent spouse: If the spouse asking for alimony had the affair, the court cannot award alimony.
• Supporting spouse: If the spouse who would pay had the affair, the court must order alimony to the dependent spouse.
• Both spouses: If both had affairs, the court decides whether to award alimony after considering all the circumstances.

Adultery can be proven without a confession. North Carolina courts have long accepted indirect evidence that shows both the desire and the chance to have an affair, which the law calls inclination and opportunity, such as messages that show a romantic relationship combined with records placing the two people alone together. How that evidence is gathered matters too, because North Carolina makes it a crime to intercept another person’s communications without the consent of at least one party.

The court does not consider an affair that the other spouse condoned, meaning forgave. Misconduct by either spouse is also one of the factors the court weighs in setting the amount and length of alimony, so the date of separation and the evidence of what happened before it carry real weight.

Can You Sue the Person Your Spouse Had an Affair With?

North Carolina still allows two claims against the third person. Alienation of affection targets the person whose wrongful conduct helped destroy the marriage, and criminal conversation is based on sex with your spouse during the marriage. Under Section 52-13, both claims must rest on conduct before the spouses permanently separated and must be filed within three years of the third person’s last act.

Adultery Does Not Control Property Division or Custody

An affair affects alimony, but it plays a much smaller role in the rest of the divorce:

• Property division: Under Section 50-20, the court starts from an equal split of marital property and moves away from it only when equal would not be fair. The Supreme Court of North Carolina has held that misconduct unrelated to the marriage’s finances is not a factor in that division.
• Custody: Under Section 50-13.2, custody goes to the parent who will best serve the child’s interest and welfare, including the child’s safety. An affair matters only as far as it affects the child, for example if a new partner’s presence raises concerns about the child’s well-being or routine.
• Child support: It is calculated from the parents’ incomes and the child’s needs, so an affair does not change the amount.

How Adultery Fits Into the One-Year Separation Rule

Adultery does not shorten the wait for an absolute divorce, North Carolina’s term for a final divorce. Under Section 50-6, either spouse may seek a divorce after the spouses have lived separate and apart for one year, as long as one of them has lived in North Carolina for six months. The other spouse cannot block that divorce by arguing the filing spouse was also at fault, and occasional sex between the spouses during that year does not restart it.

North Carolina also keeps an older option called divorce from bed and board, a court-ordered legal separation. Under Section 50-7, a court may grant it to the injured spouse on several grounds, including adultery.

Because the date of separation affects alimony, third-party claims, and the divorce itself, it is one of the first facts to pin down in a Charlotte divorce.

Talk With a Charlotte Attorney About Adultery and Your Divorce

Learning about an affair is painful, and whether adultery is illegal in North Carolina is only the first question; the decisions that follow can turn on dates that are already running. WSM Law represents women in Charlotte and across North Carolina, with advocates who understand what an affair can mean for your finances and your children. Call (704) 893-8978 or contact us today to schedule a free consultation.

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