Legal Definitions - heartbalm statute

A heartbalm statute is a state law that eliminates the ability to sue for monetary compensation for emotional distress or suffering caused by the loss of a romantic relationship or affection. These statutes abolish specific types of lawsuits that were historically used to seek damages for emotional pain, humiliation, or reputational harm arising from romantic or marital disputes.

The types of lawsuits typically abolished by heartbalm statutes include:

• Breach of Promise to Marry: Suing someone for breaking off an engagement.
• Alienation of Affections: Suing a third party for interfering with a marriage and causing its breakup.
• Criminal Conversation: Suing a third party for engaging in adultery with one's spouse.
• Seduction (of a person over the legal age of consent): Suing someone for enticing an adult into sexual relations, leading to emotional harm.

Many states enacted heartbalm statutes because these types of claims were often seen as highly speculative, difficult to prove, and prone to abuse, sometimes being used for blackmail or revenge rather than genuine compensation for quantifiable harm.

Here are some examples to illustrate how a heartbalm statute applies:

• Example 1: Broken Engagement
  Sarah and Michael were engaged to be married. Sarah had already purchased a wedding dress and made deposits for a venue. A month before the wedding, Michael unexpectedly called off the engagement. Sarah was heartbroken and suffered significant emotional distress.

  How it illustrates the term: In a state with a heartbalm statute, Sarah would be prevented from suing Michael for "breach of promise to marry" to recover monetary damages for her emotional pain, humiliation, or the general loss of the relationship. While she might still be able to sue to recover specific financial losses like non-refundable deposits, she cannot seek compensation for the "heartbalm" aspect of her suffering.

• Example 2: Marital Interference
  David and Emily had been married for fifteen years. Emily began an affair with a colleague, Alex, which ultimately led to David and Emily's divorce. David felt that Alex intentionally pursued Emily and destroyed his marriage, causing him immense emotional anguish.

  How it illustrates the term: If David lives in a state with a heartbalm statute, he cannot sue Alex for "alienation of affections." This means he cannot claim that Alex deliberately interfered with his marriage and caused its dissolution, seeking financial compensation for the emotional trauma and loss of his marital relationship.

• Example 3: Adultery Claim
  Maria discovered that her husband, Robert, had been having an affair with their neighbor, Lisa. Maria was devastated by the betrayal and felt deeply humiliated by Lisa's actions.

  How it illustrates the term: In a jurisdiction with a heartbalm statute, Maria would be barred from suing Lisa for "criminal conversation." This type of lawsuit, historically used to seek damages from a third party for adultery with one's spouse, is abolished by such statutes, meaning Maria cannot seek monetary compensation from Lisa for the emotional distress or damage to her marriage caused by the affair.