Legal Definitions - alienation of affections

Alienation of Affections is a legal claim that allows one spouse to sue a third party who intentionally interfered with their marriage, causing the loss of love, affection, and companionship, and ultimately leading to the marriage's breakdown.

Historically, this claim was more common, but today, most states have abolished it. However, a few states still permit these lawsuits. The core idea is that a third party's deliberate actions maliciously disrupted a previously affectionate marriage, resulting in one spouse losing the other's affection and the marital relationship ending.

Here are some examples illustrating how a claim for alienation of affections might apply:

• Example 1: Intentional Seduction and Encouragement to Leave

  Imagine Sarah and Michael, who have been happily married for ten years. Michael's new colleague, Alex, begins to pursue Sarah relentlessly, knowing she is married. Alex repeatedly tells Sarah that Michael doesn't appreciate her, that she deserves better, and actively encourages her to leave Michael and start a new life with him. After several months of Alex's persistent efforts and manipulation, Sarah decides to divorce Michael and begins a relationship with Alex.

  In this scenario, Michael could potentially sue Alex for alienation of affections. Michael would argue that Alex's deliberate and malicious actions directly caused Sarah to lose her affection for Michael and ultimately led to the dissolution of their marriage, which was previously loving and stable.

• Example 2: Malicious Interference by a Family Member

  Consider David and Emily, a young couple who are deeply in love and recently married. Emily's mother, Mrs. Davis, has always disapproved of David and believes Emily could do much better financially. Mrs. Davis constantly criticizes David to Emily, fabricates stories about his character, offers Emily a substantial inheritance if she leaves David, and actively pressures Emily to divorce him. Over time, Mrs. Davis's relentless interference and negative influence erode Emily's feelings for David, leading Emily to eventually file for divorce, despite David's efforts to save the marriage.

  Here, David might have a claim against Mrs. Davis for alienation of affections. He would need to demonstrate that Mrs. Davis's intentional and malicious actions directly caused Emily to lose her affection for him and led to the breakdown of their marriage, which was otherwise strong.