Adultery Law in Kentucky: Civil, Not Criminal

Adultery is NOT a criminal offense in Kentucky. It was decriminalized (like most states) decades ago. Kentucky Revised Statutes contain no criminal penalty for adultery.

However, It Has Civil Consequences

• Divorce Grounds: Kentucky is a no-fault divorce state (KRS 403.140). "Irretrievable breakdown" is the only ground. Adultery does not need to be proven for divorce.
• Property Division: Marital property divided equitably (not necessarily equally). Adultery generally does not affect division unless marital assets were dissipated on the affair (e.g., gifts, trips).
• Spousal Support (Maintenance): Adultery can be considered by the judge in awarding maintenance (KRS 403.200), but is not automatic. Factors: financial resources, time for education/training, standard of living, duration, age/health, fault (including adultery) if it affected finances.
• Alienation of Affection / Criminal Conversation: ABOLISHED in Kentucky (KRS 411.160). Cannot sue the paramour.
• Prenuptial Agreements: May include infidelity clauses (lifestyle clauses); enforceability varies.

Military Exception

Active-duty service members can be prosecuted under UCMJ Article 134 (adultery as conduct prejudicial to good order/discipline) regardless of state law.

Bottom line: In KY civil courts, adultery is morally significant but legally marginal—mostly relevant if it depleted marital assets. Consult a KY family law attorney for specifics.