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A far less common example would be online infidelity that was so egregious that it caused emotional detriment to the innocent spouse that has impacted his or her ability to support himself—in other words, if an innocent spouse is so emotionally devastated that he or she is unable to work and needs therapy to recover.However, not all courts require the innocent spouse to prove that his or her spouse's online infidelity caused actual financial detriment or resulted in the dissipation of marital funds.As a practical matter, regardless of what the law says, even the most impartial judge can fall victim to his or her own empathy, and when particularly egregious, evidence like text messages, emails and social media can and do influence spousal support awards and property division.On a sidenote, it isn't outside the realm of possibility that evidence of cyber cheating could influence the outcome in divorce cases where child custody is in dispute.The misconduct must generally impact the innocent spouse financially in order to be considered in property division.
However, technology is rapidly evolving that will soon make it possible for people who are in two separate locations to physically stimulate each other.
In fact, in some ways, a strictly physical affair, especially a brief one like a one night stand, isn't nearly as painful to a jilted spouse as an ongoing relationship that, although taking place entirely via the internet or a phone, allows a partner to develop an emotional connection with another person.
Just like a physical affair, an emotional one affects the way partners relate to each other and usually not for the better.
What happens then when, in addition to an innocent spouse showing the judge proof that his offending spouse had an online sexual relationship with another person, he is also able to prove that spouse used devices that allowed her to give and receive physical sexual stimulation with that person, even though they weren't actually in the same state, let alone the same room?
Even using the current definition of adultery, which requires some type of sexual intercourse, it seems that the future of sex tech will meet this requirement and a spouse will be susceptible to a finding of adultery based on activities engaged in with a person he has never even been in the same room with.