Legal Definitions - husband–wife immunity

Husband–Wife Immunity refers to a historical legal doctrine that prevented one spouse from suing the other spouse in civil court for certain types of wrongs, particularly personal injuries (torts) or property damage. This immunity was rooted in the traditional legal view that a husband and wife were considered a single legal entity, often with the husband representing the couple's legal identity. The rationale also sometimes included the desire to preserve marital harmony and prevent spouses from testifying against each other.

However, this doctrine has been largely abolished or significantly curtailed in most modern legal systems across the United States and other common law countries. Courts and legislatures recognized that it could lead to unjust outcomes, leaving an injured spouse without legal recourse, especially in cases of negligence or intentional harm. Today, spouses can generally sue each other for civil wrongs, much like any two unrelated individuals.

Here are some examples illustrating the concept of husband–wife immunity:

• Example 1 (Negligence and Personal Injury): Imagine Mark is driving, and his wife, Sarah, is a passenger. Mark negligently runs a red light, causing a collision in which Sarah suffers a broken arm and significant medical expenses. In jurisdictions where husband–wife immunity was still in effect, Sarah would have been legally barred from suing Mark for her medical expenses and pain and suffering, even though his negligence caused her injury. The immunity protected Mark from such a lawsuit by his spouse.

• Example 2 (Intentional Tort and Property Damage): Consider David and Emily. During a heated argument, David intentionally damages a valuable antique vase that belongs solely to his wife, Emily, which she inherited before their marriage. Historically, under husband–wife immunity, Emily might have been prevented from suing David for the cost of repairing or replacing the vase, as the law viewed spouses as a single legal entity, making it impossible for one to sue the other for civil wrongs.

• Example 3 (Modern Abolition): Lisa is severely injured due to her husband Tom's reckless driving, incurring significant medical bills and lost wages. In most modern legal systems, husband–wife immunity has been abolished or significantly limited. This means Lisa can now sue Tom for her injuries, just as she could sue any other negligent driver. This example highlights the historical nature of the immunity and its current non-existence in many jurisdictions, allowing spouses to seek legal recourse against each other for civil wrongs.