Alienation of affections refers to a legal claim that occurs when one person convinces another person to leave their spouse or partner, resulting in the loss of affection and companionship. This term is often associated with cases where a third party is accused of interfering in a marriage or relationship, leading to emotional and relational harm to the affected partner.
Alienation of affections is primarily used in family law. It allows an individual to seek compensation for emotional distress caused by the actions of a third party who has persuaded their partner to leave. This type of claim is a civil action, meaning it is handled in civil court rather than criminal court. While the right to sue for alienation of affections has been abolished in most states, it remains a recognized cause of action in a few states, such as Hawaii and North Carolina.
Here are a couple of examples of abatement:
Example 1: A husband may file a lawsuit for alienation of affections against a man who has been romantically involved with his wife, claiming that this relationship led to the end of his marriage.
Example 2: A partner might take legal action against a friend who encouraged their spouse to leave, alleging that the friend's influence caused emotional distress and the loss of companionship. (hypothetical example)
| State | Alienation of Affections Status |
|---|---|
| Hawaii | Recognized |
| North Carolina | Recognized |
| Mississippi | Recognized |
| Utah | Recognized |
| New Mexico | Recognized |
| South Dakota | Recognized |
| Illinois | Recognized |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Alienation of Affections | Legal claim against a third party for causing a partner to leave. |
| Criminal Conversation | Legal claim for adultery, typically requiring proof of sexual relations. |
| Emotional Distress | General claim for emotional harm, not necessarily tied to relationship interference. |
If you believe you have a case for alienation of affections, consider the following steps:
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No, only a few states still recognize this cause of action.