Alienation of affection is a concept that allows one spouse to sue a third party for interfering in their marriage. It's only available in a few states. Find out more.
Alienation of affection is an antiquated legal concept that allows one spouse to sue a third party for interfering in their marriage. Though largely abolished in the United States, this tort law persists in just a handful of states.
But what exactly constitutes alienation of affection? How is it proven in court? And why do some states continue to enable these lawsuits between jilted spouses and supposed homewreckers?
This article will explore the history of alienation of affection laws and examine their merits and shortcomings in today's society. We'll also look at some high-profile alienation of affection cases that have made headlines in recent years.
Though alienation of affection lawsuits have decreased substantially since their heyday in the early 1900s, they continue to divide opinions on whether they protect the sanctity of marriage or simply allow spurned spouses to spitefully target their ex's new lover.
Alienation of affection is a common law tort claim that allows a spouse to sue another person for depriving them of their partner's affection. To win these kinds of lawsuits, the plaintiff (the suing spouse) must prove that the defendant (the third party) intentionally interfered with their marriage, resulting in alienation of affection.
Specifically, to win such a claim, the suing spouse must show that:
If the suing spouse can prove these elements in court, they may be awarded significant monetary damages intended to compensate for emotional distress, loss of companionship, and other harms associated with the failed marriage.
Today, just six U.S. states still allow spurned spouses to file lawsuits against the person they deem responsible for ruining their marriage:
If you're considering an alienation of affection claim, contact a local family law attorney.
Alienation of affection originates from old English common law principles allowing a husband to sue another man for "criminal conversation" with his wife. Criminal conversation referred to adultery, which gave grounds for a lawsuit seeking monetary damages from the affair participant.
Alienation of affection evolved from criminal conversation torts, applying more broadly to interference in the marriage relationship—even without proof of adultery. By the late 1800s, most U.S. states recognized alienation of affection as a legal cause of action for spurned spouses.
At the time, married women had few rights, and divorce was difficult to obtain. Alienation claims gave spurned wives some legal recourse against mistreatment or abandonment by their husbands. By the mid-20th century, state laws changed to grant women more autonomy. With the availability of no-fault divorce, alienation of affection claims decreased substantially by the 1970s, though a handful of states retained the tort.
Today, alienation suits are still filed but far less frequently than at their peak in the early 1900s. While modern sensibilities may question this old common law tort, it continues to give spurned spouses a way to hold third parties legally accountable for failed marriages in the states where alienation claims remain valid.
When seeking to make a claim on the grounds of alienation of affection, it's not as simple as just stating that a third party caused the love in your marriage to dissipate.
There are specific core elements that must be proven for a successful "affection claim."
Firstly, the marriage must have been characterized by genuine love and affection. This doesn't mean that the marriage had to be perfect, but rather that a tangible bond of affection was evident and recognized.
Indicators of an Affectionate Marriage:
Secondly, the conduct of the third party (the defendant) must be demonstrated. It should be evident that the defendant's actions were malicious or wrongful, leading directly to the erosion of marital affection.
Examples of Defendant's Conduct:
There must be a clear causal link between the defendant's behavior and the loss of the spouse's affection within the marriage. It's not enough for a plaintiff's spouse to simply have lost feelings; the loss must be directly attributable to the defendant's actions.
Finally, the plaintiff has to establish that the alienation of affection was the proximate cause of the marriage ending via separation or divorce. Timing and sequence of events is critical.
Alienation of affection is often confused with the related concept of criminal conversation.
While the two torts have some overlap, there are important distinctions:
While an extramarital affair could form the basis of both tort actions, criminal conversation requires concrete evidence of adultery. Alienation of affection focuses more broadly on emotional attachments and the marital relationship as a whole.
Understanding these subtle differences is important for anyone considering filing an alienation lawsuit.
In the few states where alienation of affection remains valid, the legal implications can be significant for those involved in an alienation of affection lawsuit.
For the plaintiff (the suing spouse): There is the potential to be awarded substantial monetary damages intended to compensate for the emotional distress, mental anguish, and costs associated with the failed marriage. However, the plaintiff must be prepared to prove their case in court with evidence and testimony.
For the defendant (the accused third party): An alienation claim can mean facing an expensive, reputation-damaging legal battle. Even if the defendant is exonerated, the publicity and legal fees can be punishing. In some cases, the defendant may settle the lawsuit out of court to avoid further hassle.
Damages: If found liable for alienation of affection, the defendant can be ordered to pay out compensatory and (in some rarer cases) punitive damages. Awards can total over $1 million in some instances. The prevailing plaintiff may be able to garnish the defendant's wages or put liens on their property if damages are not paid.
For the parties involved, the family trauma becomes a public, litigated ordeal with lasting legal consequences.
An alienation of affection claim, once recognized nationwide, is now only legal in a handful of states. Over time, many jurisdictions dismissed it as outdated, while some retained it, believing in its efficacy in safeguarding marital bonds.
The most notable is North Carolina, where several high-profile cases have been litigated under its alienation of affection law.
Here are some examples:
Other states where such claims can be made include Hawaii, Mississippi, New Mexico, South Dakota, and Utah.
It's essential to consult local family law experts in your jurisdiction to understand the current legal stance.
How successful are alienation of affection cases? Well, the burden of proof can be hefty.
A plaintiff must show:
Evidence can range from messages, witness testimonies about the defendant's actions, or even professional accounts about the decline in the marital relationship after the defendant's interference.
Alienation of affection is not limited to extramarital affairs. It encompasses any intentional actions by a third party leading to the erosion of affection and emotional support within a marriage.
This can include:
The underlying theme is an external entity's intentional disruption of marital harmony.
Yes, alienation of affection claims can be challenging to substantiate. The complexity arises from the need to prove not just the loss of affection but that the defendant's direct actions caused this loss.
It's not about showcasing marital discord but linking it concretely to the third party's interventions. This often requires a mix of tangible evidence and testimonies, and even then, success is not guaranteed, as emotions and relationships can be multifaceted and subjective.
Despite evolving social norms and laws, alienation of affection continues to give jilted spouses legal recourse in a handful of U.S. states. While these lawsuits have certainly decreased, North Carolina, Hawaii, Mississippi, New Mexico, South Dakota, and Utah maintain the tort of alienation of affection. In these states, the law enables spurned husbands and wives to hold third parties financially accountable for the breakdown of their marriage.
Yet, pursuing litigation comes with no guarantee of victory or validation. The plaintiff must decisively prove malicious intent and causation on the defendant's part, which sets a high legal bar.
Alienation of affection laws remain controversial, and their fate is uncertain. Still, for those whose marriage ends bitterly, this old common law doctrine retains relevance today as a way to seek revenge against an unfaithful spouse and their partner or redemption in the courts.
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