Alienation of affection is a legal cause of action that allows a spouse to sue a third party for interfering with their marriage and causing their spouse to lose love and affection for them. It is a tort, which is a civil wrong that results in damages.

Alienation of affection is a difficult case to prove, and it is only recognized in a few states. To win an alienation of affection case, the plaintiff must prove the following elements:

  • The plaintiff and their spouse had a loving and affectionate marriage.
  • The defendant intentionally interfered with the marriage.
  • The defendant's interference caused the plaintiff's spouse to lose love and affection for the plaintiff.
  • The plaintiff suffered damages as a result.

The defendant can be anyone who interferes with the marriage, including a family member, friend, or coworker. It can also be a person who is having an affair with the plaintiff's spouse.

If the plaintiff is successful in their alienation of affection case, they may be awarded damages for emotional distress, pain and suffering, and loss of consortium. Loss of consortium is a legal term that refers to the loss of the benefits of marriage, such as love, affection, companionship, and sexual relations.

The legal process for alienation of affection varies from state to state. However, it generally involves the following steps:

  1. The plaintiff files a complaint with the court. The complaint will allege that the defendant interfered with the plaintiff's marriage and caused their spouse to lose love and affection for them.
  2. The defendant is served with the complaint. The defendant has an opportunity to respond to the complaint.
  3. Discovery. Discovery is the process of exchanging information between the parties. This may include exchanging medical records, witness statements, and other evidence.
  4. Pre-trial motions. The parties may file motions with the court before trial to try to get the case dismissed or to limit the evidence that can be presented at trial.
  5. Trial. The trial will be a hearing before a judge or jury. The parties will present their evidence and witnesses.
  6. Judgment. The judge or jury will issue a verdict. If the verdict is in favor of the plaintiff, they will be awarded damages.

Alienation of affection is a complex and sensitive legal issue. If you are considering filing an alienation of affection case, it is important to consult with an experienced attorney.

Criticisms of Alienation of Affection

The alienation of affection tort has been criticized for a number of reasons. One criticism is that it is difficult to prove. Another criticism is that it can be used to discourage people from having extramarital affairs, even if the affair is consensual. Additionally, the alienation of affection tort has been criticized for being biased against women.

In recent years, there has been a trend towards abolishing the alienation of affection tort. In 2018, the state of South Carolina became the sixth state to abolish the tort. The other states that have abolished the alienation of affection tort are California, Colorado, Hawaii, Illinois, and Minnesota.

Despite the criticisms, the alienation of affection tort remains a valid cause of action in some states. If you are considering filing an alienation of affection case, it is important to consult with an experienced attorney to discuss your legal options.