Legal Definitions - interspousal immunity

Interspousal immunity refers to a legal doctrine that historically prevented one spouse from suing the other spouse in a civil court. This immunity was rooted in the traditional legal view that a husband and wife were considered a single legal entity, making it impossible for one to bring a lawsuit against the other for civil wrongs, such as personal injury or property damage.

While once a widespread principle, interspousal immunity has been largely abolished or significantly limited in most jurisdictions today. This means that, in modern law, spouses can typically sue each other under the same conditions as unrelated individuals, particularly in cases involving negligence, intentional torts, or property disputes.

Here are some examples illustrating how interspousal immunity historically applied:

• Example 1: Negligent Car Accident

  Imagine a scenario where Maria is a passenger in a car driven by her husband, Carlos. Carlos negligently swerves to avoid an animal, causing an accident that results in serious injuries to Maria. Under the historical doctrine of interspousal immunity, Maria would have been legally barred from suing Carlos for her medical expenses, lost wages, and pain and suffering, even though his negligence caused her harm. The law would have treated them as one entity, preventing the lawsuit. Today, in most places, Maria could sue Carlos (or more commonly, his insurance company) just as she would any other negligent driver.

• Example 2: Intentional Damage to Property

  Consider a situation where, during a heated argument, Robert intentionally damages his wife Sarah's valuable antique desk, which she inherited from her family and is considered her separate property. In jurisdictions where interspousal immunity was in full effect, Sarah would have been unable to sue Robert to recover the cost of repairing or replacing the damaged desk. The legal system would have prevented a civil claim between them due to their marital status. Without this immunity, Sarah could pursue a civil action against Robert for the property damage.

• Example 3: Domestic Tort (Historical Context)

  Historically, interspousal immunity often presented a significant barrier for victims of domestic violence. For instance, if a wife suffered physical abuse from her husband, resulting in significant medical bills and emotional distress, the doctrine could prevent her from suing him for civil damages related to assault, battery, or emotional distress. The immunity shielded the offending spouse from civil liability within the marriage. The widespread abolition of interspousal immunity has been crucial in allowing victims of domestic violence to seek civil remedies against their abusers, in addition to any criminal charges.