Affairs, Adultery & Spying FAQs

Can I get in trouble for spying on my spouse?

Yes, depending on what actions you have taken compared to your normal daily activities you may face civil action or even criminal charges for spying on your spouse.

If you are caught spying on your spouse intentionally or recklessly in a way that you should have known would result in discovering private information then your spouse may be able to make a civil claim against you for “intrusion upon seclusion”.

If you install spyware on a computer or other electronic device for the purpose of spying on your spouse then you could face criminal charges. Additionally, If you secretly record conversations including your spouse which you are not involved in you may be charged criminally. It is not a crime to record a conversation which you are a part of.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our newsletter, have our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.