If those involved are capable of seperating tickling from sexuality, I see no problem with it. The problem is more likely to be between the couple and whether or not they actually communicate and have trust. One partner tickling someone else without the other's knowledge would likely be more easily questioned since it looks like you're hiding something. As TD said...the judge isn't likely to understand unless he's one of us. We're so damned brainwashed these days to think that everyone's going to cheat on everyone else and that divorce court is the way to go the second there's the slightest problem that I can easily see a judge siding with the offended partner.
As for whether or not I personally would have a problem with it... Anyone who knows Drew and I knows the answer. We both enjoy play on a purely playful and platonic level with others. If we know that someone is into it purely for sexual reasons and is unable to do so on a platonic level, we simply don't play with those individuals. So far, all our play with others has been with the other present...or at least nearby. But, I'd have no problem with Drew connecting with someone else for a little innocent fun. I doubt he'd have a problem with me doing the same. Why? We actually trust one another and are secure in our relationship.
The catch here is that not EVERYONE is turned on by it....and those who are may only be so with their partner. If they're ALWAYS turned on by it, I'd agree. But, most of those Drew and I have played with can easily seperate the two.
I think the question of whether extra-marital tickling is cheating really depends on whether there's deception involved, not on whether it's sexual. You wouldn't mind if your husband tickled someone else, but you already have an understanding that you can do that. Would you feel differently if you discovered that he was engaging in another very physical but non-sexual fetish type activity with other people, and he had never told you about that part of his life? I wouldn't be comfortable concealing something like that from a partner...and I wouldn't play with anyone at a gathering if his partner didn't know he went to gatherings.
Ann