Alienation of Affection
Alienation of affection is a legal claim available in some jurisdictions that allows a spouse to sue a third party, often a romantic partner of their spouse for interfering with the marital relationship. This tort assumes that the third party’s actions caused the loss of love and affection in the marriage, leading to its breakdown.
Examples of Acts That Fall Under Alienation of Affection
- Extramarital affairs: A third party knowingly engages in a romantic or sexual relationship with a married individual, causing emotional or relational harm.
- Intentional interference: The third party encourages or facilitates a spouse to leave their marriage through manipulation, persuasion, or other actions.
- Undermining the marriage: A third party who consistently influences one spouse against the other, damaging the marital bond.
Real Case Example
In the case of Henson v. Sorrell, a North Carolina court awarded significant damages to a husband whose wife had been involved in an affair with another man. The court found that the third party had intentionally alienated the wife’s affection, contributing to the breakdown of the marriage.
Possible Judgment
If the court determines that alienation of affection occurred, they may award:
- Compensatory Damages: To address emotional distress, humiliation, and loss of companionship caused by the third party’s actions.
- Punitive Damages: To penalize the third party for intentionally disrupting the marital relationship.
- Specific Agreements: Some cases may result in out-of-court settlements.
Take Home
For potential victims alienation of affection
- If a third party is interfering in your marriage, communicate with your spouse and seek counseling or mediation to address the issue.
- Document any evidence of interference, such as messages, emails, or witness accounts.
For potential perpetrators alienation of affection
- Understand the legal and emotional consequences of getting involved in someone else’s marriage.
- Respect the boundaries of a married couple, even if invited to engage in the relationship.
For Everyone
- Protect your marriage by fostering open communication, trust, and affection with your spouse.
- Avoid situations that could create misunderstandings or strain the marital bond.
