Cecily Zamora
Adultery laws vary across the world, with many cultures historically considering adultery a serious crime, with severe punishments. In the United States, laws vary from state to state, with a handful of states allowing lawsuits for criminal conversation or alienation of affection. In the United Kingdom, adultery was decriminalised in the 17th century, and in Canada, adultery has never been a criminal offence. While it is possible to sue for adultery in some places, it is a very uncommon scenario.
| Characteristics | Values |
|---|---|
| Number of US states where you can sue for adultery | 6 |
| States where you can sue for adultery | Hawaii, Kansas, Maine, North Carolina, Montana |
| Type of lawsuit | Civil lawsuit (marital tort) |
| Suing a third party | Allowed in some states |
| Suing your spouse | Not allowed in Florida |
| Common-law marriage | Not mentioned |
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What You'll Learn
Suing for adultery in the US
Adultery laws vary from state to state in the US. While some states allow you to sue your spouse for adultery, others permit you to sue the third party involved.
Suing your spouse for adultery
In the US, laws criminalizing adultery vary across states. As of 2024, adultery remains a crime in 16 states and the Commonwealth of Puerto Rico, although prosecutions are rare. Florida, for example, criminalizes open adultery as a misdemeanor, but the law is rarely enforced.
Suing the third party involved
In six US states, you can sue the person who had an affair with your spouse, causing the end of your marriage. These lawsuits are called "heart balm" or "homewrecker" claims and can lead to substantial monetary payments. However, such lawsuits are generally discouraged, as they can be challenging to prosecute and costly for taxpayers.
Alienation of affection
In some states, you can sue the third party for alienation of affection, which is a civil tort claim. To win such a case, you must prove that your marriage was happy, that the third party destroyed the love between you and your spouse, and that they intended to do so.
Criminal conversation
In addition to alienation of affection, a few states allow lawsuits for "criminal conversation". However, the sexual act must occur during the marriage and within the state's statute of limitations.
Intentional infliction of emotional distress
In some situations, a cheated-on spouse may successfully sue the third party for intentional infliction of emotional distress. For example, if the third party entered into a relationship with the sole intention of causing pain to the non-adulterous spouse.
History of adultery lawsuits in the US
Historically, US law considered wives the property of their husbands, and a wife's affection was considered her husband's property. This perception evolved in the 1800s and early 1900s, and women gained the right to sue third parties who interfered with their marriages. However, as the view of spousal love as property changed, states began to ban these types of lawsuits.
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Adultery and common-law marriage
Adultery and its consequences have been a topic of interest for many societies throughout history. In the context of common-law marriage, the question of whether one can sue for adultery arises. While it is a violation of penal law, suing for adultery in a common-law marriage is a complex and uncommon scenario.
Historically, adultery was considered a serious crime, sometimes even punishable by death. However, in the modern era, most Western countries have repealed criminal laws against adultery, recognising the importance of consent in sexual relationships. The focus has shifted towards consent and individual freedom, rather than criminalising personal choices.
In the United States, the laws regarding adultery vary across states. While a handful of states allow lawsuits against individuals who interfere with a marriage, the majority of states have abolished these types of claims. As of 2024, only six states allow lawsuits for "criminal conversation" or "alienation of affection", and even in these states, courts tend to view such lawsuits with disfavor. The statute of limitations for such lawsuits is typically three years, although it can vary, and the plaintiff must prove that the marriage was happy, that love existed, and that the third party intentionally interfered.
It is important to note that adultery can still be a factor in divorce proceedings, including decisions about alimony and the division of assets. However, the focus of the legal system has shifted away from punitive measures towards resolving the practical implications of adultery within a marriage.
While it may be tempting to seek legal recourse against a third party who interfered in a marriage, it is important to consider the emotional and financial toll of a long legal proceeding. Instead, individuals may benefit more from focusing their time and energy on healing and moving forward.
In summary, while it is technically possible to sue for adultery in a small number of states in the context of common-law marriage, it is an uncommon and challenging pursuit. The legal system's approach to adultery has evolved to reflect changing social norms and a focus on individual freedom and consent.
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Suing for criminal conversation
The tort of criminal conversation arises from adultery and is based on the old-fashioned notion of a wife's affection being her husband's property, which could be stolen by another man. While this perception has evolved, and women are no longer considered property, a handful of states in the US still allow these lawsuits.
In the US, six states allow a person to sue for criminal conversation, or for ruining a marriage, whether or not there was sexual intercourse involved. These states are Hawaii, Kansas, Maine, North Carolina, and Montana. However, even in these states, courts tend to view these lawsuits with disfavor, making it challenging to win such cases.
To successfully sue for criminal conversation, specific criteria must be met. The sexual act must have occurred during the marriage, before physical separation, and within the state's statute of limitations. For example, in North Carolina, a lawsuit must be filed within three years of the last act of adultery. Additionally, alienation of affection must be proven, demonstrating that a loving and affectionate marriage existed and was subsequently destroyed by the defendant's wrongful behaviour.
It is important to note that the tort of criminal conversation has been abolished in many jurisdictions, including England and Wales, Northern Ireland, Australia, and the Republic of Ireland. The concept of suing for criminal conversation is rooted in outdated ideas of ownership and control within marriage, and most states have banned these types of lawsuits.
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Suing for alienation of affection
Adultery is a common ground for divorce. In the United States, six states allow a person to sue someone for having an affair with their spouse, ending their marriage. These states include Hawaii, Kansas, Maine, North Carolina, and Montana. However, it is important to note that most states have abolished these types of lawsuits, often referred to as "heart balm" or "homewrecker" claims.
To successfully sue for alienation of affection, several elements must be proven. Firstly, it must be established that an outside party directly damaged the marriage. This requires demonstrating that the marriage was previously good and full of love, and that the third party intentionally poisoned it. Evidence of a once-happy relationship, such as photos, love letters, or social media posts, can support this claim. Additionally, financial records can be used to show increased spending linked to the spouse's affair. It is important to note that a clear timeline of events is crucial, as the statute of limitations for alienation of affection lawsuits is typically three years from the last "wrongful act".
When suing for alienation of affection, the plaintiff must also prove that they have suffered losses that require repayment. These losses can be economic, such as financial costs incurred during the divorce or mental health treatment expenses. It is important to work closely with an attorney to navigate the specific requirements and complexities of this type of lawsuit.
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Suing for intentional infliction of emotional distress
Adultery is no longer considered a criminal act in most U.S. states. However, there are six states that allow lawsuits against a person who had sexual intercourse with your spouse during your marriage. These states are Hawaii, Kansas, Maine, North Carolina, Montana, and one other state. In these states, you may be able to sue for "criminal conversation" or "alienation of affection".
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Frequently asked questions
It depends on where you live. In the United States, laws vary from state to state. As of 2022, only Hawaii, Kansas, Maine, North Carolina, and Montana allow lawsuits for criminal conversation. Six states allow you to file a lawsuit against a person who had sex during your marriage with your spouse.
A common-law marriage is a marriage that is considered valid by law but has not been performed with a religious or civil ceremony.
The requirements for a common-law marriage vary depending on the jurisdiction. In some places, a couple must live together for a certain period and hold themselves out to the public as a married couple.
