Is it adultery if you are still legally married but not living together?

My husband and I have been living apart for
5yrs. We aren’t legally separated or anything.
And I just recently found out through my
children that he has a baby on the way with his
current girlfriend that he just moved in with.
Is this legally adultery?

Asked on July 1, 2017 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Adultry is defined as voluntary sexual intercourse between someone who is married and a person who is not their spouse. Accordingly, so long as you are still married, if your husband has relations with another woman then he has committed adultry. This is true whether or not he still lives with you.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Adultry is defined as voluntary sexual intercourse between someone who is married and a person who is not their spouse. Accordingly, so long as you are still married, if your husband has relations with another woman then he has committed adultry. This is true whether or not he still lives with you.


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