Open marriage refers to a marriage where both spouses agree to allow sexual relationships for one or both outside the marriage, without considering this to be sexual infidelity. Extra-marital sex is often illegal in jurisdictions where adultery is illegal, regardless of whether the partner(s) have given their consent.

Is an open relationship considered adultery?

Adultery is generally defined as voluntary sexual intercourse between a married person and a person who is not their spouse. Even in an open marriage, the spouses may still technically meet the definition of “adultery” in their extra-marital relations.