Adultery has not been a criminal offence in Belgium since 1987. But infidelity can still have legal consequences during a divorce. If it is proven that adultery caused the breakdown of the marriage, this can influence alimony arrangements and the division of assets.
Is adultery a crime in Belgium?
No, adultery has not been a criminal offence in Belgium since 1987. It is therefore not a crime for which you can be convicted. However, that does not mean adultery has no legal consequences. During a divorce, proven infidelity can play a role in the judge's assessment of "fault", particularly when determining alimony and arrangements concerning children.
Legal consequences of adultery during divorce
During a divorce based on irretrievable breakdown, adultery may be relevant in several ways:
- Alimony. The judge may take adultery into account when granting or refusing personal maintenance payments. A spouse who caused the marriage breakdown through adultery may lose the right to alimony.
- Division of assets. While adultery does not directly affect the division per se, it may help establish whether there was a fault causing economic harm.
- Breach of trust. Evidence of adultery strengthens your position in divorce negotiations.
When is evidence of adultery useful?
- Your partner denies infidelity but you suspect otherwise
- You want to avoid paying alimony to an unfaithful partner
- You want to accelerate the divorce by demonstrating fault
- Your lawyer advises gathering evidence to support your case
How do you prove adultery?
To demonstrate adultery to a court you need objective evidence. Suspicions or third-party statements are usually insufficient. A private detective discreetly observes and professionally records: meetings, locations, times, overnight stays, and photo and video evidence — all gathered lawfully in accordance with the Private Investigation Act and admissible before the family court.
What Atlas Detectives does for you
- Discreet surveillance of your partner without them noticing. +25 years of confidentiality guaranteed on every investigation
- Photo and video evidence with exact date, time, and location
- Confirmation of meetings, overnight stays, and behavioural patterns
- Legally valid report prepared for your lawyer
- Free testimony in court. Unique in the sector
Also see our private client services for more details on the practical approach.
Frequently asked questions about adultery
Is adultery a crime in Belgium?
No, adultery has not been a criminal offence since 1987. It can, however, have legal consequences during a divorce, particularly for alimony arrangements.
Can I refuse to pay alimony if my partner committed adultery?
The judge may take proven adultery into account when determining alimony. A partner who caused the marriage breakdown through infidelity may lose the right to personal maintenance payments.
How long does an adultery investigation take?
This depends on the situation. Sometimes a few days of observation suffice; sometimes a longer period is needed to establish a clear pattern. We always provide a realistic estimate during the free consultation.
Will my partner notice the investigation?
No. +25 years of confidentiality guaranteed on every investigation. We work with alternating vehicles and positions and are trained in discreet surveillance techniques.
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