Alienation of Affection

Can I Sue if My Spouse Cheats?

The spouse who was cheated on – the “injured” spouse – can, in a few states states, still bring legal action against the cheating party for “alienation of affection.” Sometimes referred to as “Criminal Conversation,” “Heart Balm Torts,” “Revenge,” or “Spousal Theft,” alienation of affection(s) is a legal action charging someone with the intentional and malicious interference with marriage relations. Typically this occurs when one spouse has been cheating on the other (committing adultery), and is caught.

What Must Be Proven?

An alienation of affection lawsuit must prove that:

  • Love existed between the married spouses.
  • Love between the married couple was destroyed (or “alienated”).
  • A third party’s malicious conduct contributed to or caused the loss of affection.

What States Allow This Type of Legal Action?

Most states in the United States have done away with this type of lawsuit, considering it to be archaic and revengeful. But as of 12/2009 a few states do still recognize alienation of affection: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

Is Alienation of Affection Recognized in My State?

Alabama

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Alaska

The issue of alienation of affection is not addressed by Alaska law (neither state law nor case law).

Arizona

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Arkansas

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

California

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Colorado

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Connecticut

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Delaware

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

District of Columbia

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Florida

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Georgia

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Hawaii

Yes, alienation of affection lawsuits can still be brought.

Idaho

No, alienation of affection lawsuits were abolished through judicial decision.

Illinois

Yes, alienation of affection lawsuits can still be brought.

Indiana

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Iowa

No, alienation of affection lawsuits were abolished through judicial decision.

Kansas

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Kentucky

No, alienation of affection lawsuits were abolished through judicial decision.

Louisiana

In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished.

Maine

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Maryland

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Massachusetts

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Michigan

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Minnesota

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Mississippi

Yes, alienation of affection lawsuits can still be brought.

Missouri

No, on June 17, 2003, Missouri’s highest court abolished the state’s alienation of affection law.

Montana

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Nebraska

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Nevada

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

New Hampshire

No. According to Title XLIII, Chapter 460:2, “No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse.”

New Jersey

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

New Mexico

Yes, alienation of affection lawsuits can still be brought.

New York

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

North Carolina

Yes, alienation of affection lawsuits can still be brought, although as of October 2009, there are several new restrictions, including that if the extramarital affair started after a married couple is separated, the alienation of affection law cannot be used: see ncga.state.nc.us – HB 1110

North Dakota

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Ohio

No, in 1985, alienation of affection suits were abolished by General Laws c. 207, Sect. 47B, inserted by St. 1985, c. 74 Sect. 1.

Oklahoma

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Oregon

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Pennsylvania

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Rhode Island

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

South Carolina

No, alienation of affection lawsuits were abolished through judicial decision.

South Dakota

Yes, alienation of affection lawsuits can still be brought.

Tennessee

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Texas

No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit.

Utah

Yes, alienation of affection lawsuits can still be brought

Vermont

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Virginia

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Washington

No, alienation of affection lawsuits were abolished through judicial decision.

West Virginia

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Wisconsin

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Wyoming

No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

source: about.com

Main Topics: Sex Offenses, State LawsAdd a Comment

12 Comments

  1. Jesse R. Martie
    Posted March 26, 2010 at 11:49 am | Permalink

    My wife has been having an affair with an Horn Lake police officer for almost three years. On July, 2007, I caught them coming out of a hotel elevator at a local casino one morning. That afternoon I was arrested on false accusations and a restraining order was issued. I ended up in several missions in Memphis for approximately one year. My niece in suffolk Virginia found out and sent for me, and helped get my health back. In July of 2009, my wife came hunmbly to me and wanted me back for our 10 year old daughters sake. Seems the affair was over at the time. Then around thanksgiving, the symptoms of a recourring affair began again, Yhis time the cop rented a house down our block and my wife is constantly texting and getting early outs from work to see him several times a week.

    What I have is the following information:

    Police Officer at Horn Lake Police deprtment.
    Drives a Black Dodge Avenger -Tennessee tags- [license removed]
    Address: [address removed] Horn Lake, Ms. 38637

    We live Three houses down. [address removed]

    This police officer will stalk our house hours at a time in his squad car and when of duty will parade around our block constantly to get my wife attention.Come to find out, my wife has been skipping work to meet her lover, who knows where.Can I sue this officer for malicious intentions and alienation of affection under Mississippi law and also turn him over to the Mississippi Ethics Commision or Internal Affairs for Adultery and lued behavior with a married woman. I thought Police Officers had a code of ethics.

    Horn Lake Police department Mission Statement:
    We are committed to our duty to protect life and property while guaranteeing the protection of individual liberty and affording dignity and respect to every individual. We endeavor to reduce crime, the fear of crime, and social disorder through proactive police strategies, problem solving policing and a network of collaborative partnerships with all citizens and organizations within our community.

    What are my legal alternatives????????

    • Nora
      Posted May 17, 2010 at 9:59 am | Permalink

      what if adultery is punishable in your state but the hubby went to another state to commit it where it is not punishable? South Dakota to Montana

  2. Rachel Mora
    Posted April 8, 2010 at 1:41 pm | Permalink

    Could I still take legal action even though my husband and I are still together?

  3. Kristin
    Posted May 5, 2010 at 7:10 pm | Permalink

    I would like to sue for alienation of affection…however the person my husband of 8 years is having an affair with is only 20 years old. She has never had a job in her life, and still lives at home with her mom, g’ma, g’pa, and older sister….she has no $, she has nothing! Anyone have any ideas?

    • kris
      Posted May 8, 2010 at 2:10 am | Permalink

      do it anyway. she will have something at some point in her life. when she looses she will be forced to get a job to pay you or do jail time.

  4. kris
    Posted May 8, 2010 at 2:07 am | Permalink

    If my husband cheats and i get some nasty disies from him, that he got from her. can i sue him. what can i do? Im in indiana. sorry about the spelling.

  5. Elijahbel
    Posted May 31, 2010 at 4:19 am | Permalink

    Great!! now I can have a sigh of relief and fall in love with any girl. As I know that if she cheats me , I file a suit against her to teach her a lesson.
    Free Business Cards

  6. Laurie
    Posted June 23, 2010 at 8:25 am | Permalink

    How can I file myself (initially without a lawyer) for Alienation of Affection in Honolulu, Hawaii? Also, I do not live in Hawaii, but my ex and the third party do. As far as I know I can still file even though I don’t live there…correct?

    Thank you.

  7. Jackie
    Posted July 19, 2010 at 9:59 am | Permalink

    My Husband cheated on me and was served DNA, child support papers on our son`s 3 birthday. She alerady had 1 tested and is several others how is she not in any trouble with the state for tax payers paying for all the tests? Do I have any rights as in compensation for their Adultery she knew he was married and had 3 kids?

  8. Debra Rice
    Posted August 12, 2010 at 6:28 pm | Permalink

    My husband has been cheating for 20 yrs can I sue for allienation of affection in Kansas.She bought him a truck and a motorcycle so I have no problem proving it.

  9. Nora
    Posted August 12, 2010 at 7:04 pm | Permalink

    To Debra Rice:
    Kansas does not have alienation of affection law. Go for the divorce anyway and take the toys provided they are in his name, take what ever you can from the cheating SOB. And dear, why have you waited 20 years – You could have freed yourself earlier and been in a happy marriage.
    Good luck.

  10. Jeff
    Posted August 14, 2010 at 10:48 am | Permalink

    Can a child sue a parents mistress for alienation of affection? What is the statute of limitations on this law?

    Thank You

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