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Sue For Alienation of Affections

Can You Sue For Alienation of Affection if Your Spouse Cheats?


If your husband/wife cheated, would you want to sue for Alienation of affection? Let’s say your husband works in an office with Suzy. Suzy thinks he is "hot" and regardless of his marital status, Suzy gets busy getting close to your husband. In essence, Suzy is attempting to come between to people who have a legal contract…marriage license.

Sounds like grounds for a lawsuit to me!

And, in a few states it is grounds for an alienation of affections suit. You may file a suit charging the other man/other woman with intentionally interfering in your marital relationship. The adultery itself is not the crime, it is the actions of the other man/woman that determines whether a law has been broken.

What States Recognize Alienation of Affection?

If you live in Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota or Utah you have a legal recourse should someone intrude into your marriage by having an affair with your spouse.

Most states view laws against adultery or the intrusion by a third party into a marriage as outdated or antiquated. According to some such laws are hard too hard to prosecute and cost taxpayers too much money. One has to wonder how much broken families are already costing taxpayers and if there would be fewer broken families if adultery and alienation were crimes across the board.

What Has to be Proven to Sue For Alienation of Affection?


  • You must be able to prove that your marriage was happy and that love existed between you and your spouse.


  • You must prove that the third party destroyed the love.


  • You must prove that the third party’s intentions were to destroy the marriage and the love between you and your spouse.

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