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What qualifies as alienation of affection?

Alienation of affection is a common law tort that allows a spouse to sue a third party believed to have intentionally interfered in the marriage, essentially causing loss of affection. (A tort is a civil wrongdoing that causes harm or loss to another person).

Which states recognize alienation of affection?

Most states adopted such laws in the 19th century. Later, wives were given the power to sue, too. Today, alienation of affection is cause for legal action in only eight states: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota and Utah.

What is an example of alienation of affection?

For example, a spouse could file an alienation of affection lawsuit if their spouse had an affair that caused a decline of marital love and affection and eventually led to divorce.

Is it worth suing for alienation of affection?

The alienation of affection claim can be complicated with a variety of divorce law loopholes the defendant can use to dispute your claim. There are ways you can strengthen your claim, including: Proving you were in love with your spouse while you were married.

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