Can I Sue for Alienation of Affections in California?

Full question:

I have COPD. Up until last October, my husband and I got along great. I could not have sexual relations with him because of my COPD. In January 2009 out of the blue he said our marriage was over. I asked him if there was someone else; he lied to my face. The end of March early April he started living with a woman 20 years his junior. She is from another state. He use to travel to that state for work. We are still married because I need medical insurance. This September we will be married 35 years. Can I sue for Alienation of Affection? If we divorce, what are my chances of getting my husband to pay for medical insurance and spousal support? I was a housewife for 34 years.

• Category: Divorce
• Date: 04/07/2025
• State: California

Answer:

An alienation of affection lawsuit seeks to punish the tryster rather than the cheating spouse, and is considered antiquated in many jurisdictions. In California, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Fault is not normally considered when awarding alimony. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one half the length of the marriage to be a reasonable time a spouse to become self-supporting.

The courts in the State of California may award support to either spouse, without regard to marital misconduct. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one-half the length of the marriage to be a reasonable time for a spouse to become self-supporting. Factors the court will consider in determining the length and amount of an award of spousal support include:

1. The marketable skills of the supported spouse;

2. The extent to which the supported spouse's present or future earning capacity has been impaired due to duties of the marriage;

3. The extent that the supported spouse contributed to the earning capacity of the supporting spouse;

4. The ability of the supporting spouse to pay;

5. The needs of each party;

6. The obligations and assets of each party;

7. The duration of the marriage;

8. The age and health of the parties;

9. Any other factors the court deems are equitable and just.

The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property acquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property.