Legal Question in Family Law in Maryland

In Maryland, if a person cheats on his or her spouse with person "X," can person "X" get any punishment whatsoever, or does just the cheating spouse get punishment?


Asked on 11/12/09, 1:51 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Practically speaking, neither party gets "punishment", at least in the sense of it being treated as a criminal act, even though technically it is a minor violation of the criminal code. Also, you can't sue someone for alienation of affections. However, it is obviously considered an act of adultery and as such could be a ground for filing for divorce. Also, if the act was a cause for breaking up the marriage, then a judge who in a divorce proceeding is tasked to divide up marital property or award alimony, it can be taken into account in making that decision.

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Answered on 11/17/09, 2:09 pm


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