If you are searching “can you sue someone for cheating in a marriage,” you may be dealing with more than heartbreak. You may want to know whether the law allows you to recover money from a spouse or the person involved in the affair. The answer is usually more limited than people expect.

In most situations, cheating itself is not a standalone reason to sue someone for damages. However, an affair can matter in a divorce, particularly when it affects finances, marital property, or spousal support. Understanding the difference can help you decide what legal steps may actually be available.

What Does “Sue for Cheating” Mean?

There are two different legal questions behind this phrase.

First, can you file a separate civil lawsuit against the person your spouse cheated with? Second, can evidence of adultery affect your divorce case?

These are not the same thing.

Some states have historically recognized claims such as alienation of affection, allowing a spouse to pursue a third party for interfering with a marriage. Texas does not authorize this type of action. Texas Family Code Section 1.107 specifically states that a spouse cannot bring an alienation-of-affection action against a third party.

Utah is also changing its law in this area. Legislation enacted in 2026 abolishes the right of action for alienation of affection, effective May 5, 2027.

Can You Sue Your Spouse for Adultery?

Generally, you do not file a separate lawsuit against your spouse simply because the spouse was unfaithful. Divorce is the legal process designed to address the end of a marriage and related matters such as property, support, and parenting.

That does not mean an affair is legally irrelevant.

Texas law allows a court to grant a divorce in favor of one spouse when the other spouse committed adultery. Texas also permits no-fault divorce, meaning adultery is not required to end a marriage.

Utah law similarly lists adultery committed after marriage as a ground for divorce.

So, while you may not be able to sue simply because your spouse cheated, the affair may become part of the divorce proceedings.

Can You Sue the Person Your Spouse Cheated With?

This is where state law becomes especially important.

If you live in Texas, an alienation-of-affection lawsuit is not available. The law specifically prohibits this type of action against a third party.

Utah is moving in the same direction. Its 2026 legislation provides that there is no right of action for alienation of affection, with the change taking effect May 5, 2027.

That does not necessarily mean every possible legal claim is unavailable. If the third party or spouse committed a separate legally recognized wrong, such as fraud, theft, or intentional property damage, the facts may support a different type of claim. The specific circumstances matter.

How Can Cheating Affect a Divorce?

Even when you cannot sue someone for the affair itself, evidence of cheating may still affect important parts of a divorce.

Spousal Support

Utah provides an important example. Utah law allows courts to consider fault when determining whether to award alimony and the terms of that award. The statutory definition of fault includes sexual relations with someone other than a spouse when the conduct substantially contributed to the breakdown of the marriage.

This does not mean every affair automatically changes an alimony award. Courts consider the circumstances and applicable legal requirements.

Property and Financial Losses

An affair can become financially important when marital money was used to support the relationship.

For example, suppose a spouse secretly uses joint funds for hotel rooms, travel, gifts, or other expenses connected to an affair. The legal issue may then involve marital assets and financial misconduct rather than the infidelity itself.

Texas courts divide the community estate in a manner they consider just and right. Therefore, financial conduct surrounding an affair may become relevant when the marital estate is being addressed.

What About Child Custody?

Cheating does not automatically mean a parent will lose custody or parenting time.

Family courts generally focus on the child's best interests and factors related to parenting. However, circumstances connected to an affair can become relevant if they raise independent concerns about a child's welfare.

For example, neglect, unsafe individuals around children, substance abuse, domestic violence, or serious instability may matter regardless of the affair itself.

What Evidence Should You Keep?

If you believe infidelity may affect your divorce, preserve information carefully and lawfully.

Financial records, bank statements, relevant communications you are legally permitted to access, photographs, travel records, and other documentation may help establish what happened and whether marital resources were involved.

Avoid hacking accounts, installing spyware, impersonating another person, or obtaining information through unlawful methods. Evidence gathered improperly can create additional legal problems.

When Should You Talk to a Family Lawyer?

A consultation may be particularly useful when an affair involves significant financial spending, hidden assets, disputed property, children, or questions about spousal support.

CoilLaw, LLC is a women-owned family law firm serving families throughout Utah and Texas. The firm handles divorce, child custody, child support, alimony, property division, paternity, domestic violence, protective orders, adoption, and other family law matters.

A family law attorney can help separate the emotional impact of infidelity from the legal issues a court can actually address.

The Bigger Legal Question

Infidelity can cause serious emotional and financial harm, but not every wrong creates a lawsuit. The more useful question may be: What legal consequence can be connected to the facts surrounding the affair?

If cheating contributed to the breakdown of a marriage, affected spousal support, or involved marital money, those issues may belong within the divorce process. If separate misconduct occurred, another legal claim may sometimes be worth investigating.

Frequently Asked Questions

Can I sue my spouse for cheating?

Usually, cheating alone is not a standalone civil lawsuit for damages. It may, however, be relevant to divorce issues depending on state law and the circumstances.

Can I sue the person my spouse cheated with?

In Texas, an alienation-of-affection lawsuit is not authorized. Utah is also abolishing this type of action effective May 5, 2027.

Does adultery affect alimony?

It can, depending on state law. In Utah, qualifying marital fault, including sexual relations outside the marriage, may be considered when determining alimony.

Can cheating affect property division?

Potentially. This is especially important when marital funds were spent on an affair or other financial misconduct occurred. The effect depends on state law and the evidence.

Will cheating affect child custody?

Not automatically. Custody decisions generally focus on the child's best interests. Conduct connected to an affair may matter when it creates a separate concern about safety or well-being.

What should I do after discovering an affair?

Try not to make major legal or financial decisions based only on anger. Preserve lawful evidence, review important financial records, protect access to essential accounts, and speak with a family law attorney about your options.

Understanding the difference between emotional harm and a legally recognized claim can change how you approach the next step. Instead of asking only “can you sue someone for cheating in a marriage,” consider what the affair changed financially, legally, and within the family—and what remedies your state actually provides.