Alienation of affections

Alienation of affections

At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.

Alienation of affections was first codified as a tort by the New York state legislature in 1864, and similar legislation existed in many U.S. states in the late 19th and early 20th centuries. Since 1935, this tort has been abolished in 42 states. Alienation is, however, still recognized in Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah. [ [http://www.carolinaFamily law.com/alienation_of_affection.html Alienation of Affection Law] ] [ [http://www.legalmatch.com/law-library/article/alienation-of-affection-lawsuits.html Alienation of Affection Lawsuits, Lawyers & Legal Information] ]

An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and there are several defenses. To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts which would foreseeably impact on the marriage. Thus, defendant has a defense against an alienation claim where it can be shown that defendant did not know that the object of his or her affections was in fact married. It is not a defense that the non-innocent spouse consented to defendant’s conduct. But it might be a defense that the defendant was not the active and aggressive seducer. If defendant’s conduct was somehow inadvertent, the plaintiff would be unable to show intentional or malicious action. But prior marital problems do not establish a defense unless such unhappiness had reached a level of negating love between the spouses.

References

External links

* [http://www.worldlawdirect.com/article/1026/Alienation_of_affections_--_Law_suits.html WORLDLawDirect]
* [http://www.lifemanagement.com/fsa7.1.2015/ States of the U.S. that have abolished and that retain Alienation of affection laws]
* [http://www.rosen.com/alienationofaffection/ North Carolina Alienation of affection in divorce discussion]


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  • alienation of affections — alienation of affections: the diversion of a person s affection from someone (as a spouse) who has certain rights or claims to such affection usu. to a third person who is held to be the instigator or cause of the diversion – called also… …   Law dictionary

  • alienation of affections — The actionable wrong committed against a husband by one who wrongfully alienates the affections of his wife, depriving him of his conjugal right to her consortium, that is, her society, affections, and assistance. In some American jurisdictions,… …   Ballentine's law dictionary

  • alienation of affections — Law. the estrangement by a third person of one spouse from the other. [1865 70] * * * alienation of affections, Law. the turning or taking away by another of affectionate feeling, or love, especially that of husband and wife for each other …   Useful english dictionary

  • alienation of affections — Law. the estrangement by a third person of one spouse from the other. [1865 70] * * * …   Universalium

  • alienation — I (estrangement) noun abhorrence, abomination, acrimony, alienatio, animosity, antagonism, antipathy, aversion, bitterness, breach, break, deflection, disaffection, disfavor, disruption, division, enmity, execration, hostility, implacability,… …   Law dictionary

  • alienation — /eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and… …   Black's law dictionary

  • alienation — /eyl(i)yaneyshan/ In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and… …   Black's law dictionary

  • alienation — An estrangement, as in alienation of affections; also a mental derangement. A transfer of property in such manner as to transfer title. Butler v Fitzgerald, 43 Neb 192. Within the meaning of a statute requiring the concurrence of both spouses to… …   Ballentine's law dictionary

  • ALIÉNATION — Le mot «aliénation» est, aujourd’hui, en langue française, un mot malade. Il souffre de cette affection que certains lexicologues appellent «surcharge sémantique»: à force de signifier trop, il risque de ne plus rien signifier du tout. La… …   Encyclopédie Universelle

  • Alienation — Al ien*a tion, n. [F. ali[ e]nation, L. alienatio, fr. alienare, fr. alienare. See {Alienate}.] 1. The act of alienating, or the state of being alienated. [1913 Webster] 2. (Law) A transfer of title, or a legal conveyance of property to another.… …   The Collaborative International Dictionary of English

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