alienation of affection

alienation of affection explained — meaning, real-world examples, and answers to common questions.

Alienation of affection is a mostly outdated law that allows a spouse to sue an individual that causes their other spouse to end their marriage. Separate from any divorce proceedings, the spouse bringing an alienation of affection suit must show that the accused individ…

Understanding alienation of affection

Alienation of affection is a mostly outdated law that allows a spouse to sue an individual that causes their other spouse to end their marriage. Separate from any divorce proceedings, the spouse bringing an alienation of affection suit must show that the accused individual took steps that a reasonable person would expect and did result in the ending of the affectionate marriage between the couple. Usually, these cases involve a spouse suing someone who encouraged the other spouse to cheat during the marriage, but an alienation of affection claim can be brought based on other grounds such as someone encouraging a person to divorce their spouse. While most states outlawed the cause of action, six states still allow alienation of affection claims as of 2021 with million dollar damages being awarded in North Carolina recently. 

How alienation of affection affects you

alienation of affection appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

The mechanics of alienation of affection

In practice, alienation of affection is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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