Abandonment in Marriage
Abandonment occurs when one spouse suddenly leaves the marital home without a valid reason, causing harm to the other spouse. While not traditionally classified as a tort, abandonment can sometimes lead to claims for emotional distress or financial damages if it results in significant loss or hardship.
Examples of Acts That Fall Under Abandonment
- Desertion: Leaving without explanation or communication, cutting off emotional and financial support.
- Neglect: Refusing to fulfil marital responsibilities while living apart.
- Sudden Disappearance: Failing to return home or provide for the family’s well-being.
Real Case Example
In cases like Anderson v. Anderson, courts have considered abandonment as a factor when determining spousal support or division of assets, though it is not always treated as a standalone tort.
Possible Judgment
If abandonment leads to damages, courts may grant:
- Compensatory Damages: To address financial losses or emotional distress.
- Spousal Support: The abandoned spouse may be awarded maintenance payments.
- Custody and Property Adjustments: Favouring the abandoned spouse in family court rulings.
Take Home
For potential victims abandonment in marriage
- If abandonment occurs, protect yourself by documenting the timeline and effects of the desertion.
- Consult legal professionals to understand your rights to support and property.
For potential perpetrators abandonment in marriage
- Address marital conflicts constructively and communicate intentions clearly.
- Avoid impulsive actions that could lead to legal repercussions.
- Seek mediation or counselling if considering separation.
For Everyone
- Prioritize open communication, even during challenging times in the marriage.
- Understand the responsibilities of marriage and approach disagreements with mutual respect.
