Full question:
I have been married for 21 years. I recently found out that my husband is having an affair with our hairdresser. She has abused her position as a service provider in my eyes by enticing my husband. She owns her own shop. Is there any legal action that I can take against her? My husband has filed for a divorce and is living with this woman.
- Category: Civil Actions
- Date:
- State: Florida
Answer:
The tort of alienation of affections allows a spouse to seek compensation from a third party who has enticed their partner away. This legal action was recognized in New York in 1864 but has been abolished in at least thirty-nine states, including Florida, as it is considered outdated.
In states where alienation of affections is no longer available, individuals may pursue a claim for intentional infliction of emotional distress (IIED). To succeed in an IIED claim, you must prove four elements:
- Intentional or reckless conduct
- Extreme and outrageous behavior
- The wrongful conduct caused emotional distress
- Severe emotional distress resulted
However, courts are cautious with IIED claims in marital contexts, and proving outrageous conduct can be challenging for the aggrieved spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.