Adultery in Canada: What are the Consequences in a Divorce?

Nov 17, 2025

Understanding adultery in Canada and its role in the breakdown of a marriage can be challenging for many couples. Divorce is already a stressful process, and questions about misconduct and infidelity may add another layer of uncertainty.

While popular culture often portrays infidelity as a decisive legal turning point, the reality under Canadian family law is more measured. As family law and divorce lawyers in Toronto, the team at Kelly Jordan Family Law sees many situations where courts focus primarily on resolving key issues fairly rather than punishing personal behaviour.

In this blog post, we explain how adultery fits within Canada’s divorce laws, how it affects — if at all — property division and support, and what couples may want to consider if an affair has occurred.

We look at the meaning of extramarital affair within the legal framework, and answer the question: Is adultery a crime in Canada?

What Adultery Means in Canadian Divorce Law

For family law purposes, adultery occurs when one spouse engages in voluntary sexual relations with someone outside the marriage. Emotional affairs, while deeply hurtful, do not meet the legal threshold unless they include a sexual relationship. This distinction is important because the court will require evidence if adultery is being used as the ground for divorce.

Many spouses are surprised to learn that the term is defined narrowly. The meaning of “extramarital affair”, as people use it in everyday language, often includes emotional betrayal, secrecy, or inappropriate online interactions. These situations may impact trust within the relationship, but they do not meet the evidentiary requirements for adultery under the Divorce Act.

The Grounds for Divorce

Canada has a no-fault divorce system. In most cases, couples choose to divorce based on one year of separation, which does not require proving any wrongdoing.

Adultery is one of the alternative grounds, but using it rarely provides practical advantages. Relying on adultery may allow a divorce to proceed without a year of separation, though the court must be satisfied that adultery occurred.

If adultery is raised as a ground:

The spouse alleging it must provide sufficient evidence.
The other spouse does not need to confirm or deny it.
Court proceedings may become more complex, as the facts of the affair could be scrutinized.

For many individuals, the emotional cost and potential delay outweigh any perceived benefit of avoiding the separation period.

Is Adultery a Crime in Canada?

A common misconception is that adultery carries criminal consequences. The question is, is adultery a crime under Canadian law? The answer is no.

Adultery has not been a criminal offence in Canada for many decades. Although it may influence the personal dynamics of a marriage, it does not expose either spouse to criminal penalties.

This separation between criminal law and family law reflects a broader policy approach. Divorce proceedings focus on ensuring fairness, meeting the needs of children, and distributing property and support appropriately. They do not function as a system for punishing wrongdoing within a relationship.

How Adultery Affects Property Division

Adultery has very little impact on how property is divided in a divorce. The law assumes that both spouses contributed to the marriage in their own ways, so financial outcomes rarely depend on personal behaviour.

In practical terms:

The equalization of net family property usually unfolds the same way, whether an affair happened or not.
Courts don’t award extra money to one spouse simply because the other had an extramarital relationship.
Misconduct only matters if it ties directly to financial issues.

There are a few narrow exceptions. For example, if money was spent on the affair, such as paying for trips or buying expensive gifts, that spending may be traced and considered during property division. In those situations, the court looks at whether those transactions affected the couple’s overall financial picture. Even then, clear records are needed, and the analysis depends heavily on the specific facts.

Impact on Spousal Support

As with property division, adultery rarely affects entitlement to or the amount of spousal support. Courts focus on:

Each spouse’s financial circumstances
Roles and contributions during the marriage
The economic consequences of the relationship breakdown
Whether support is needed to help a spouse become self-sufficient

Support is not intended as a punishment, and it does not vary based on personal misconduct. While the emotional fallout of an affair can be significant, the legal remedies available in divorce are focused on financial fairness, not retribution.

Parenting and Adultery

Parenting arrangements — decision-making responsibility and parenting time — are based entirely on the best interests of the child. An affair does not determine a parent’s suitability. What matters is the ability to provide a stable, supportive environment.

Adultery only really matters in parenting decisions if the situation surrounding the affair affects a child’s well-being. For instance, if the child was exposed to arguments, tension, or instability because of the affair, a court may look at that when deciding parenting arrangements. Even in those cases, the court’s attention stays focused on what’s best for the child rather than on the affair itself.

Choosing How to Move Forward

When adultery happens, the emotional impact often overshadows the legal details. As couples move toward separation or divorce, it can help to step back and think about what matters most. Some people feel it’s important to base the divorce on adultery because it acknowledges what occurred. Others choose the one-year separation route because it tends to be more straightforward.

A few points can help with that choice:

Relying on adultery as the ground for divorce might speed things up, although proving it can complicate the process.
Choosing a separation-based divorce avoids having to prove any misconduct and often leads to smoother, more cooperative discussions.
Speaking with a family lawyer can give spouses a clearer understanding of the practical implications and help them decide which path best supports their goals.

Understanding Adultery in Canada During Divorce: Support From Family Law Lawyers

Adultery can have profound emotional consequences, but its legal impact is relatively limited. For most couples, it does not change property division, support, or parenting arrangements. The primary effect is that it may serve as a ground for divorce, although the one-year separation path remains the most common option.

By understanding how adultery in Canada is addressed in family law, spouses may feel better equipped to make informed decisions about their next steps.

Get support from our team at Kelly Jordan Family Law. Our team of family and divorce lawyers is here to answer your questions and guide you through each step of the process.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and representation you need.