Legal Definitions - marital tort

A marital tort refers to a civil wrong, or "tort," committed by one spouse against the other, or by a third party who interferes with the marital relationship. Unlike criminal cases, which involve offenses against the state, a marital tort is a private lawsuit where one party seeks compensation for harm caused by another's actions.

These actions can stem from either intentional harmful behavior or negligence. In many legal systems, traditional legal protections that might prevent spouses from suing each other (known as "marital immunity") are set aside specifically for these types of proceedings, allowing the injured spouse to seek justice.

There are two common types of marital torts:

• Alienation of Affection: This occurs when a spouse or a third party intentionally interferes with the marriage, causing one spouse to lose the love, affection, comfort, or companionship of the other. The injured spouse seeks financial compensation for these emotional and relational losses.
• Criminal Conversation: This specific type of tort involves a third party engaging in sexual intercourse with a married person. The injured spouse can sue the third party for damages, even if the affair was consensual between their spouse and the third party, as long as the marriage was still legally intact at the time.

Here are some examples to illustrate how marital torts apply:

• Example 1 (Tort Between Spouses): Sarah and Mark are married. During a heated argument, Mark intentionally shoves Sarah, causing her to fall and break her arm. Even though they are married, Sarah could file a lawsuit against Mark for battery (an intentional tort) to seek compensation for her medical bills, lost wages, and pain and suffering. This demonstrates a direct tort committed by one spouse against the other, where marital immunity would typically be suspended.

• Example 2 (Alienation of Affection): David and Emily have been happily married for fifteen years. Emily's new colleague, Alex, begins to actively pursue Emily, constantly telling her negative things about David, fabricating stories, and encouraging her to leave her marriage. Over several months, Alex's persistent manipulation causes Emily to become estranged from David, ultimately leading to their separation and David's profound emotional distress and loss of his wife's companionship. David could potentially sue Alex for alienation of affection, arguing that Alex intentionally interfered with their marriage and caused him significant harm.

• Example 3 (Criminal Conversation): Lisa discovers that her husband, Tom, has been having an ongoing affair with their neighbor, Brenda. Lisa and Tom are still legally married, and the affair involved sexual intercourse between Tom and Brenda. Lisa could file a lawsuit against Brenda for criminal conversation, seeking damages for the harm caused to her marriage and her emotional distress, even if Tom was a willing participant in the affair.