Infidelity in Marriage

While cheating itself is not typically classified as a tort, it can give rise to related claims under tort law in certain contexts. For example:

• Intentional Infliction of Emotional Distress (IIED): If the unfaithful spouse’s actions are extreme and outrageous, leading to severe emotional harm for the other spouse, it might qualify as a tort.
• Alienation of Affection (in jurisdictions where it applies): If a third party (the affair partner) is found to have willfully caused the breakdown of the marriage.
• Fraud or Misrepresentation: If one spouse deceives the other about the nature of their extramarital relationships, potentially exposing them to harm (e.g., sexually transmitted infections), a tort claim could arise.

Examples of acts that fall under infidelity as a tort

• Public Humiliation: The unfaithful spouse flaunts the affair publicly, causing reputational damage and severe emotional distress.
• Deliberate Concealment: The cheating spouse knowingly exposes their partner to health risks (e.g., STIs) and conceals it.
• Encouraged Interference: A third party purposefully encourages the affair, damaging the marital relationship.

Real Case Example

In Hunt v. Hunt, a North Carolina court awarded damages in an alienation of affection case where the betrayed spouse proved that the third-party lover deliberately interfered in the marriage, leading to its collapse. The case demonstrated that infidelity-related torts can hold individuals accountable in certain jurisdictions.

Possible Judgment

Courts may award:

• Compensatory Damages: To cover emotional distress, therapy costs, or reputational harm caused by the infidelity and its fallout.
• Punitive Damages: To punish particularly egregious behavior, such as deliberate and public humiliation.
• Health-Related Costs: If one spouse’s deceit leads to health consequences for the other, courts might award compensation for medical expenses.

Take Home

For potential victims infidelity

• If you suspect infidelity, seek professional counseling or legal advice to understand your rights and options.
• Communicate to your spouse about it to see if they may stop.
• Avoid impulsive decisions. Document incidents calmly, especially if they lead to significant harm.

For potential perpetrators infidelity

• Recognize that cheating has emotional, health, and potential legal consequences. If the relationship is struggling, consider counseling instead of engaging in deceit.
• Be transparent and honest with your partner to avoid causing unnecessary harm.

For Everyone

• Build your marriage on trust and open communication. Address issues early to prevent them from escalating.
• Commit to resolving conflicts constructively rather than seeking external validation.