AI’s Impact on Divorce Law

As artificial intelligence (AI) has advanced, there has been anxiety about whether certain job positions will be outsourced to AI. Artists, writers, and even paralegals are concerned that an automated computer could replace them. As 2026 approaches, though, another group of people could find themselves replaced by AI: spouses.

What Is AI?

Artificial intelligence is technology in computers that seeks to replicate certain human intelligence, including learning, reasoning, and creative works. Computers can scan human works and learn to replicate such works, mimicking the writing or artistic style. The end result is that a computer can generate human expressive work without an actual human involved. This could include essays, paintings, and other works.

AI is capable of generating human writing, which has led to accusations of plagiarism and false accusations of plagiarism in academia and legal writing. Likewise, AI has led to controversy by replicating images, including paintings and drawings found in animated television shows and works of art.

Currently, the most concerning use of AI is in chat forums. People today can communicate through text messages on their phones or on websites. It is possible to communicate with others without having seen their actual faces. With AI though, it may simply be that people are communicating with a solely computerized system with no actual human actually writing the text messages online. 

In today’s lonely world, some people are turning to AI as their primary or even sole source of companionship. AI can be so sophisticated that it can feel like talking to an actual person, even though that “person” doesn’t exist. However, this has led to people forming intimate connections with AI, which can have real-world consequences even if the AI “person” isn’t real. This is especially true if the user was already married to begin with. 

Is It Possible to Cheat on Your Spouse with AI?

It might be questionable how one could cheat if there isn’t physical intimacy or even another person involved. However, a person could cheat on their spouse by being emotionally intimate with another “person” even if that person is only a machine. Some people will share their innermost thoughts, feelings, and secrets with AI that they may not even share with their spouse. The temptation would be even greater if one knows that the AI isn’t actually human – no one is actually listening, right?

However, the emotional intimacy may cause a person to become emotionally distant from their spouse. Eventually, that emotional distance could lead to physical separation followed by legal separation.

If it’s possible to cheat on your spouse with AI, then the legal consequences could be many:  

Child Custody

The most serious consequence is that a family court would call a parent’s judgment into question if the parent is having intimate discussions with AI. Child custody decisions are made based on the child’s best interests. That would include the ability of the parent to care for the child, and whichever home is better suited for the child’s needs. If a parent is spending so much time talking to a computer that he or she is neglecting their spouse, it would raise concerns among most people about whether that parent can actually focus on raising the child.

Adultery as a Crime

In some states, cheating on a spouse is a literal crime. In Michigan, Wisconsin, and Oklahoma, adultery is punishable as a felony. Adultery is also a misdemeanor in Alabama, Arizona, Florida, Georgia, Illinois, Kansas, Maryland, New York, North Carolina, North Dakota, Rhode Island, South Carolina, and Virginia.

It seems laughable that the legal system would criminally punish someone with jail time and/or monetary fines for cheating on their spouse, let alone for chatting with an AI chatbot. However, some individuals have shared private information like bank accounts and social security numbers with this chatbot.

However, these laws are considered “legal fossils,” laws enacted years ago that most prosecutors today wouldn’t bring charges for. Still, the potential influx of adultery with AI might cause lawmakers and prosecutors to reexamine whether such laws are relevant or whether they should be enforced.

Alienation of Affection

Recently, TikTok content creator Brenay Kennard was ordered to pay $1.75 million for alleging destroying another woman’s marriage by cheating with the woman’s husband. The ex-wife sued under North Carolina’s alienation of affection laws, which permit recovery if a third party interfered with the marriage and caused it to end. However, only six states in the United States recognize alienation of affection as a legal claim: Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.

If AI chatbots can end marriages, spouses could argue that the companies that create and/or maintain the AI should be held legally responsible for destroying their marriages. AI companies are already being subject to lawsuits where teens commit suicide after an AI chatbot allegedly encourages them to do so. Lawsuits for interfering with a marriage would be a logical progression against AI companies.

Banning AI Marriages

Conversely, states are taking action to stop potential human-AI marriages. Ohio lawmakers have proposed the first bills that would affirm that AI bots are “nonsentient entities” that do not have personhood.

If all this sounds like something out of the Twilight Zone or Black Mirror, remember the 21st century is still young.

Do I Need a Lawyer for My Family Law Issue?

If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.