Hacking spouse’s email

In the highly emotional time of a divorce, it can become tempting for people to cross lines that should not be crossed.  Hacking into your spouse’s email account or computer to try and find some damning evidence against them is that step too far.  Recently a husband sued his wife for reading the private emails he was sending to other women.  The wife had set up her husband’s email to automatically forward any emails sent by him to her.  This case eventually reached the U.S. Appellate Court where under the existing Federal Wiretap Act the court found that the wife had violated the law by accessing her husband’s computer without his consent. The wife’s actions were found to be illegal despite the fact that she had uncovered her husband’s adultery.  Although not often prosecuted, adultery remains an illegal act in Illinois. One Judge expressed his concern that this law protects the husband’s illegal act by allowing his dishonesty and deception.  However, as the law stands you must always get consent before accessing your spouse’s personal email account.  Hacking your spouse’s email on a non-shared computer violates the Wiretapping Law.  This criminal offense carries a possibility of prison time if convicted and the illegally obtained evidence cannot be used in Court.