Seeking Justice for Your Relationship
If your marriage has been harmed by another’s actions, we provide guidance to pursue justice and protect your future.
What is Alienation of Affection?
Alienation of Affection is a rarely-used, but legally viable, cause of action (a lawsuit) in family law that allows a spouse to sue a third party for wrongfully interfering with the marital relationship. This claim is often referred to as a "heartbalm" tort and is unique because it holds someone responsible for intentionally causing the breakdown of a marriage.
Crucially, this type of lawsuit is not part of the divorce proceeding itself; it is a separate civil suit filed against the person who allegedly interfered with the marriage.
Elements of an Alienation of Affection Claim
To succeed in an alienation of affection case, certain elements generally must be proven:
Valid Marriage
The spouses were legally married at the time of interference.
Affection and Love
There was genuine affection and love in the marriage before the interference.
Wrongful Conduct
The third party engaged in intentional actions that led to a loss of affection.
Causation
The interference directly caused a breakdown in the marital relationship.
Damages
The affected spouse suffered emotional, financial, or relational harm as a result.
Potential Damages and Remedies
If an alienation of affection claim is successful, the court may award:
- Compensatory Damages – For emotional pain, mental distress, and loss of consortium
- Economic Damages – For financial impact caused by the breakdown of the marriage
- Punitive Damages – In cases of particularly egregious behavior by the third party
It’s important to note that each case is unique, and the availability of damages depends on state laws and the specifics of the situation.
Need Guidance on Alienation of Affection?
If you believe a third party has interfered in your marriage, it’s important to seek professional legal advice as soon as possible. Contact our office today to schedule a confidential consultation and learn how we can help you pursue justice and protect your rights.
