Adultery in Minnesota

Last reviewed November 3, 2026

Adultery is no longer a crime in Minnesota. In addition, Minnesota adultery law gives infidelity very little weight in a divorce. This article explains the 2023 repeal and the statutes that govern how courts treat an affair. It is part of the site’s guide to divorce in Minnesota.

Minnesota Repealed Its Criminal Adultery Statute

For decades, Minn. Stat. § 609.36 made adultery a crime punishable by up to one year in jail, a $3,000 fine, or both. The statute was rarely enforced, and its wording applied only when a married woman had relations with someone other than her husband.

The Legislature repealed the statute in 2023 (2023 Minn. Laws ch. 52, art. 4, § 25). Today, no Minnesota criminal law penalizes adultery between consenting adults.

Minnesota Is a No-Fault Divorce State

A Minnesota court grants a divorce when it finds an “irretrievable breakdown of the marriage relationship” (Minn. Stat. § 518.06, subd. 1). Neither spouse must prove wrongdoing. Likewise, the same statute abolishes traditional fault-based defenses to divorce.

If one spouse denies that the marriage is broken, the court weighs the circumstances. The finding must then rest on evidence of either 180 days of living apart or serious marital discord (Minn. Stat. § 518.13, subd. 2). Even so, adultery is not a separate ground for divorce.

Property Division and Spousal Maintenance

Minnesota law directs courts to disregard marital misconduct on the two main financial issues:

• Property: The court must divide marital property in a “just and equitable” way, “without regard to marital misconduct” (Minn. Stat. § 518.58, subd. 1).
• Spousal maintenance: Maintenance is likewise set “without regard to marital misconduct” (Minn. Stat. § 518.552, subd. 2).

Consequently, a spouse cannot obtain a larger share of the assets, or more maintenance, simply because the other spouse was unfaithful.

The Exception: Marital Funds Spent on an Affair

There is one important financial exception. Each spouse owes the other a fiduciary duty over marital assets once a divorce is contemplated or underway. If a spouse transfers, conceals, or spends marital assets outside the usual course, the court must compensate the other spouse (Minn. Stat. § 518.58, subd. 1a).

For example, marital money spent on gifts or travel for an affair partner may fall within this rule. In that case, the court can restore the other spouse to the position they would have held otherwise.

Child Custody and Parenting Time

Custody decisions turn on the child’s best interests under Minn. Stat. § 518.17. The statute instructs courts not to consider a parent’s conduct unless it affects that parent’s relationship with the child (subd. 1(b)(4)).

An affair alone, therefore, should not change a custody outcome. However, conduct connected to the relationship can matter if it affects the child. One example is introducing a child to a new partner in a way that disrupts the child’s stability.

Summary

In short, Minnesota adultery law now carries no criminal penalty and limited civil consequences. Courts do not punish infidelity when dividing property or setting maintenance. Still, spending marital funds on an affair, or conduct that affects a child, can make a difference.