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Can Artificial Intelligence detect if a spouse is cheating?

by | Aug 11, 2025 | Firm News |

It is unlikely that Artificial Intelligence can definitely detect infidelity but it may find gather and evaluate information and reveal that this information suggests cheating. AI can analyze information in a way that people can’t. AI can draw conclusions from changes in language or tone of communication or frequency of communication. AI can look at voluminous texts or emails and reach conclusions about a couple’s relationship.

Massachusetts has strict privacy laws that have criminal penalties for unauthorized access to computers, cell phones, and other electronic devices. Assuming the spouse using AI does not criminally access data, it is highly unlikely that AI will find a “smoking gun” that clearly establishes adultery.

AI is unreliable. It may reach incorrect conclusions and even refer to evidence that never existed and was created by AI. AI should be used as a tool and not as an answer. What ever conclusions AI renders should be questioned and challenged.

Artificial Intelligence is constantly increasing it’s abilities and reach. A new approach to the problem of infidelity is a new web service, Oops Busted, that claims to access popular dating sites to see if the spouse has activity on any dating site. I don’t know if this is a reliable service but it appears to be limited in that it can’t access all dating sites.

I have always recommended against hiring a private investigator to investigate if a spouse is cheating. If the investigator follows a person for two weeks and finds nothing that doesn’t mean that there is no affair. It only means that no adulterous conduct occurred during that two weeks. It does nothing to eliminate fears or concerns about the spouse’s behavior. If the investigator does find such evidence it only reinforces the trouble in the marriage. The same thing applies to artificial intelligence and any other method to find out if a spouse is cheating.

People frequently think that proving adultery will give the innocent spouse an advantage in a divorce. This is not correct. I once heard a Judge tell a lawyer who was trying to prove adultery that he was free to prove it but the Judge won’t listen. In other words, proof of adultery doesn’t effect the outcome of a contested divorce unless there is proof of significant money being diverted to the paramour.

If you think your spouse is cheating you should seek therapy with your spouse to discuss your concerns. The other alternative is to contact a divorce lawyer to file a divorce action.

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