One may ask, what are the possible legal implications for a spouse who chooses to date after a legal separation? Therefore, as of 2006 “adultery” is no longer illegal in the State of North Carolina.North Carolina used to consider adultery as a class 2 misdemeanor, and opened people up to criminal prosecution. However, adultery in a marriage can lead to some less than favorable results for an adulterous spouse.In many cases, it’s difficult to predict how long it will take to finalize a divorce.

Adultery is a Class 4 misdemeanor in Virginia as well, where a legislative panel recently rejected a bill to decriminalize the act.

In Maryland, the legal definition of adultery is having sexual intercourse with someone other than your spouse.

Proof of adultery by one spouse in a marriage can affect the alimony the adulterous spouse has to pay to the innocent spouse after a divorce is finalized.

Alimony payments are payments made by one spouse to the other dependent spouse after the two are legally divorced.

In North Carolina, adultery can be used as a basis for divorce.

Also, North Carolina recognizes “alienation of affection” and “criminal conversation” as causes of action for an innocent spouse to sue the paramour of the other spouse. S § 14-184 stated, “If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other.” However, in 2006 this statute was ruled as unconstitutional and the State of North Carolina has not replaced the statute with another.

If the spouse shows by 51% certainty: then the spouse could have a claim for criminal conversation, and could receive monetary compensation from the third-party for the emotional and mental pain and suffering that the adultery caused to the marriage.

The North Carolina Court of Appeals held in 2001 that a claim for criminal conversation against a third-party paramour is not barred by the fact that the spouses are legally separated.

The post-separation relationship with a third-party does not directly affect alimony amounts, but it could lead the court to believe that there was an extra-marital affair that took place prior to the separation, which would affect the alimony amount.