Adultery remains a criminal offense in Tennessee, but the state’s 2026 reforms have drastically narrowed its scope. While the statutes still list “adultery” as a misdemeanor, prosecutors now rarely pursue charges, and the law’s primary impact is limited to civil divorce proceedings where fault can affect alimony or property division.
Legal Status of Adultery in Tennessee
Tennessee’s criminal code (T.C.A. § 39‑13‑404) defines adultery as voluntary sexual intercourse between a married person and someone who is not their spouse. The offense is classified as a Class B misdemeanor, punishable by up to six months in jail and a $500 fine. In practice, the state’s law‑enforcement agencies have deprioritized adultery cases for decades, focusing instead on more serious crimes. The statute remains on the books primarily to give courts a fault‑based option in divorce actions.
2026 Legislative Update
In May 2026 the General Assembly passed Senate Bill 1815, which amended the adultery statute in two key ways. First, it removed the provision that allowed local prosecutors to file charges without a victim’s complaint, requiring a sworn statement from the aggrieved spouse before any criminal action could proceed. Second, it introduced a “de‑facto repeal” clause that stripped adultery of any effect on criminal sentencing guidelines, limiting its use to civil matters such as alimony, property division, and child‑support modifications. The changes were motivated by a statewide study showing that adultery prosecutions cost an average of $3,200 per case with negligible public safety benefit.
Implications for Family Law
Because the 2026 amendment confines adultery to civil contexts, the most tangible impact appears in divorce courts. Judges may still consider adultery when determining equitable distribution, but the new law requires a higher evidentiary standard—documented proof rather than mere allegations. Moreover, the amendment discourages “fault‑based” alimony awards, aligning Tennessee with the majority of states that favor no‑fault divorce. Custody determinations remain largely unaffected, as Tennessee already prioritizes the child’s best interests over parental moral conduct.
Does a guilty adultery plea affect my criminal record?
Yes, if a court convicts a person of the misdemeanor, the conviction appears on the criminal record. However, the 2026 reforms make such convictions uncommon, and many first‑time offenders receive deferred adjudication or a diversion program that avoids a permanent record.
Can I still claim adultery as grounds for divorce?
Absolutely. Tennessee law continues to recognize adultery as a statutory ground for divorce, but the spouse must provide clear evidence—texts, photos, or sworn testimony—to satisfy the court’s burden of proof.
Will the 2026 changes lower my alimony if I was cheated on?
Potentially. The amendment raises the evidentiary bar, so without solid proof the court may treat the marriage as no‑fault for alimony purposes, limiting the cheating spouse’s ability to reduce payments.
Are there any civil penalties besides alimony adjustments?
No direct civil fines exist for adultery. The primary civil consequences are related to property division and spousal support, where a judge may consider the misconduct as a factor in achieving an equitable settlement.
How does Tennessee’s approach compare to other states after 2026?
After the 2026 reforms, Tennessee aligns with roughly 30 states that retain adultery statutes but rarely enforce them criminally. The shift mirrors a national trend toward treating marital infidelity as a private matter rather than a public crime.