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> In some states, adultery is a crime, although it is rarely prosecuted. In states that still recognize fault-based divorces, adultery has more of an impact. If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery. This can affect issues of property distribution and alimony. However, some states, such as North Carolina, make a legal distinction between dating during separation and dating while living together as man and wife.