Is having an extramarital affair illegal in Hong Kong?

Under Hong Kong's legal framework, the answers to these two questions are very clear, and many people have deep misunderstandings about "adultery" and "alliance." Let's break them down one by one using the most practical Hong Kong legal logic:

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Hong Kong marital infidelityHmmbreaking the law

In Hong Kong,adultery"Adultery" is not a criminal offense. You will not be arrested by the police, imprisoned, or have a criminal record for cheating.

Adultery, also known as extramarital sex, is a legal and moral term. It generally refers to human sexual behavior that occurs under certain circumstances and violates laws or morals, typically referring to consensual sexual relations between a married person and a third party.

However, although it does not violate criminal law, it does violate civil law (especially...).Family CourtThere are very serious consequences:

It is a legitimate ground for divorce: According to Hong Kong's...Marriage Litigation OrdinanceAccording to the law, if your spouse commits adultery and you find it unbearable to live with him/her, this can be considered one of the legal facts proving that the marriage has broken down beyond repair, allowing you to directly apply to the court for divorce.

You cannot accuse yourself of adultery: Only the party who has been cheated on can file for divorce on the grounds of adultery. The person who committed adultery cannot use their own adultery as grounds for divorce.

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Do I need to pay alimony in a divorce?

Not necessarily. It depends on the economic capabilities of both parties, rather than on "who did something wrong".

Many people think: "If you cheat on me, you have to leave with nothing, or you have to bankrupt me!"
This is a huge mistake.

When determining alimony and property division, the Hong Kong Family Court prioritizes "fairness" and "considering the future economic needs of both parties," rather than "punishing the wrongdoer." The court primarily considers several factors under Section 7 of the Matrimonial Procedure and Property Ordinance:

Both parties' earning capacity and assets: If the higher-earning spouse (regardless of gender) commits adultery, he/she is still required to pay alimony; however, if the lower-earning/unemployed spouse commits adultery, the court, in order to ensure their basic living standards, will...The wife who earns more money may still have to pay alimony to her cheating ex-husband/ex-wife..

Contributions to the family: This includes taking care of the family, children, and doing housework.

Children's welfare: This is always the court's top priority (whoever has custody, the other party must pay child support).

Classic example:

Scenario A: Husband earns 80,000 yuan a month, wife is a full-time stay-at-home mom.
Judge: "You're despicable. You earn 80,000 a month, but your wife has no job."He has to pay 30,000 in alimony every month compared to his wife..

Husband: "Are you scared? Even if he goes out to steal food, he will be shocked!"

Judge:"You stole food first. You cheated first, and his subsequent cheating is 'retaliation cheating.' The court won't let you off the hook for nothing because of that."

Husband: "Damn... so it's a sin that I cheated first?"

Judge:"Yes. How do you know that her subsequent infidelity wasn't because your infidelity made her heartbroken? Pay up!Seven Heads.

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Scenario B: Wife earns 100,000 yuan a month, husband is unemployed.
Wife cheating(For example, having a handsome male fitness coach) → Divorce

Judge: "You cheated on your husband and earned more money than he did."You need to pay money to maintain the canal.

Husband: "Haha, thanks for sharing!"

Wife:Damn... I'm supposed to take care of you?"

Judge:"Your infidelity is your problem, and your high earnings are a matter of your financial capacity; these are two separate issues."

Wife: "What kind of nonsense is that?"

Judge:"The Hong Kong Family Court's truth: Money for money, and cheap money for cheap.cheap."

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Scenario C: Both husband and wife are having affairs, and they even accuse each other.
Judge: "You two are both lecherous worms, each eating your own flesh. This is a clean sweep, case closed."

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Will cheating (having an affair) have absolutely no impact on the verdict?

It won't have no impact at all, but it's not what you think.

You think the impact is:
"You stole food, so you didn't get a cent, so you have to pay me for it!"

Actual impact:
Courts generally speakingThere will be no punitive reduction of assets for cheating.Because Hong Kong's legal systemFair distribution”, not “Punishing cheaters。

But!If the cheating party's behavior "Obvious and Gross"If so, the court will take a more lenient approach. For example, if someone secretly gives all the jointly owned assets to a mistress/lover, or completely abandons their children because of infidelity, the court will consider these "egregious" factors when distributing the property.

What does "extremely absurd or remarkable" mean?

Behavior	Does it count as Obvious and Gross?	Court reaction
Playing with a mistress	❌ Not count	"Adults are all tied up, next one."
He even used a joint account to settle accounts with his mistress.	⚠️ Half and half	"You steal food and want your wife/husband to pay for it?"
He even brought his mistress home to play with him on the bed.	✅ Calculate!	"Are you crazy? This bed is a marital asset!"
He slept with his mistress, and even filmed it and posted it online.	✅ Calculate!	"Not only did you steal food, you also publicly humiliated your spouse. A criminal offense!"
He had an affair with his mistress and even moved all the jointly owned assets to her.	✅✅ Super Calculator!	"Are you a thief? All your assets are frozen, and you'll be fined and forced to pay compensation!"
He had an affair with his mistress, got her pregnant, and then made the wife come to him.	✅✅✅ Sunburn Spectrum	The judge will directly use profanity:You want to be a worker for the "official wife" type? We'll increase the stakes!"

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Three major schools of thought regarding divorce property and alimony in Hong Kong

Alimony/Property Settlement	Applicable situations	Actual operation
Nominal maintenance	Both of them have jobs and are financially independent.	Symbolic annual payment $1 Hong Kong DollarThe purpose is to preserve the right to apply to the court for substantive alimony should the economic situation change in the future (for example, if one party suddenly becomes seriously ill and loses their job).
Clean Break	Both parties want no further involvement and have sufficient assets.	The cheating party or the wealthier party directly gives the other a large sum of cash/property, and from then on...One cutFrom now on, there will be no need to pay monthly fees; everyone can live their own lives.
Periodic Payments	One party is a full-time housewife/househusband, or there is a significant income disparity.	Monthly payments are made at a fixed time. If the party receiving alimony...remarryor one of the two partiesPassed awayThis number will automatically terminate.

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Seven key points summarized on one page (stick in the refrigerator to remind yourself)

#	Key Points	translate
1	Stealing food is not a criminal offense	Will not go to jail
2	Cheating can be grounds for divorce.	"I can't stand that stinky ditch."
3	Alimony payments should be based on income, not on who cheated.	You can be as cheap as you want, but if you have money, you should pay it.
4	Sneaking food normally won't affect the division of money.	Court: "All adults are like this."
5	Extremely absurd, stealing food will have an impact	Bringing a mistress home and onto a bed = Deduction of money
6	Stealing assets after having sex = death penalty	You're a thief, not a food thief.
7	Your remarriage = alimony payments cease	Qiandu: "Congratulations, I won't support you anymore."

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Risk Assessment Table for Misappropriation of Alimony Payments (One-Page View)

Your situation	The Court Sees You	Do you want to pay alimony?	Next
You cheat on your spouse, you earn more money, and your spouse doesn't get a job.	"You're cheap, but you're rich."	✅ To give	You give your ex money every month Ex went on a trip with his new love. You eat instant noodles at home
You cheated on your spouse, you earn less money, and your spouse earns more.	"You're despicable, but you're poor."	❌ No need to give (On the contrary, they might charge money)	You steal food and then demand money? Ex: "Even if I cheat on you, I'll still support you?" You: "Thanks for sharing!"
You're having an affair, but both of you have jobs and your incomes are about the same.	"You two are both perverts."	⚠️ One transaction, and the job is done.	The judge told you each to eat your own food No one is giving money and no one is collecting money. Saving court time
You cheated on me and even brought your mistress home to bed.	"You're crazy."	✅✅ Give more	The judge discussed the issue of "misuse of marital assets." Deduct your money to compensate the wife
You cheated on me and even moved our jointly owned assets to give to your mistress.	"You're a thief."	✅✅✅ Lose all your money	Asset freeze + punitive damages You and your mistress went bankrupt together.
You cheat, your spouse retaliates by cheating.	"You started this whole thing."	✅ You still have to give	You cheated first = original sin Stealing food after the canal = You forced me into this situation. You pay, he takes the money, and he even wants to go play with the coach.

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To tell you the truth:

Stealing food = Free access + High cost
Empress = Boring but safe
mistress = It's fun, but it can bankrupt you.
court = I don't care which bank you're with, I only care how much money you have in your account.

In Hong Kong divorce proceedings, infidelity is merely the "trigger" for divorce. When it comes to dividing assets and fighting for child custody, the court considers the numbers (assets, income, expenses) and the best interests of the children. While adultery is morally reprehensible, Hong Kong law remains pragmatic when it comes to financial matters.

Address of the Hong Kong Family Court: 12 Harbour Road, Wan Chai, Hong Kong (Mezzanine 1, Mezzanine 2 and 1st Floor) Wan Chai Government Building

Office Hours: Monday to Friday, 9:00 a.m. to 1:00 p.m.; 2:00 p.m. to 5:00 p.m. (Closed on Saturdays, Sundays and public holidays)

Inquiry hotline: +852 2582 4000

No lawyer representative appointment: If you intend to file a divorce petition or joint application in person, please make an appointment using the Family Court's electronic appointment system.

Detailed application guide: For information on the divorce application process, required forms and documents, please refer to the Hong Kong Judiciary – How to apply for a divorce (official guide).

Comprehensive Service Information: For more information on the duties, mediation services, and procedures of the Family Court, please visit the Hong Kong Judiciary – Family Court Homepage.

Further reading:

• [Video] How many times can a woman have sex in one day?
• Women's famous utensils
• The psychology of being a jerk
• Why is it so exciting to cheat on your husband or wife?
• Taboo + Mystery = A Man's "Aphrodisiac"
• Why do men experience heightened libido when they see a prostitute?