Alienation Of Cheating

A Husband or Wife Should Be Allowed To Sue Their Spouse Lover

Cheating in a marriage often leads to a divorce. The spouse may divorce spouse based on the other spouse’s adultery. Proof of cheating may also aid in the wronged spouse’s efforts to obtain alimony or support payments. A spouse can sue the “other man” or “other woman” who engaged in extra-marital relations with their partner? Eight out of twenty-four states in the United States answers no. Although eight states recognized a common law tort known as “alienation of affection.” The Alienation of Affection law, which allows married individuals to receive monetary compensation for sexual indiscretions by their partners (Scelfo). This essay discusses how

Most states allow marital separation; however, some exceptions exist. As divorce and adultery have become more wide spread. Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, Utah, and New Hampshire have the alienation of affection law (Scelfo). If a husband or wife with a cheating spouse lives in one of the other 43 states that do not have alienation of affection laws, they may still be able to sue their partners lover, if one of the following holds true:

• If their spouse lover lives in one of the 7 “alienation of affection states.”

• The actions or behavior which contributed to the alienation of affection occurred in one of these 7 states. Compensatory damages cover a wide range of reimbursement. He or she can sue for the loss of their companion income because they left home, their heartbreak, for money spent on counseling to try to deal with the betrayal, the costs of the lawsuit, and damage to their own reputations (Freedman). Courts generally award punitive damages only if they manage to provide that the third party acted with the express of purpose of destroying their

Why would a husband or wife consent to their spouse’s affair? Maybe a spouse wishes to use evidence of an affair to their advantage. They encourage and consent to their spouse’s affair. Perhaps their having a secret affair themselves, so they encourage their spouse to cheat. In these situations the defendant can use their consent as a defense. Another defense the defendant may have is that they were already separated prior to the alienation. This means that if they have executed a separation agreement, or the defendant can otherwise prove that they were separated, with the intent to remain separated, any sexual conduct does not count. Lastly, there is a defense called “connivance” used in the criminal conversation suit (Freedman). This means that if their spouse tricks them into having an affair, they can raise this as a defense if they end up suing