Alienation Of Affection: Nyc's Stance On Emotional Infidelity

Alienation of affection is a civil tort claim that allows a person who was formerly or currently married to sue a third party for interfering with their marriage and causing their spouse to lose affection for them. This type of claim is typically filed after a divorce but can be brought in any situation where a third party is believed to have caused a marital relationship to break down. Since 1935, this tort has been abolished in 42 states, including New York. So, does the alienation of affection law apply in NYC?

Alienation of Affection lawsuits are civil tort claims

Alienation of affection claims are usually filed after a divorce, but they can technically be brought in any situation where a third party causes a marital relationship to break down. These claims are typically brought against a person who has had an affair with a spouse, but they can also be brought against a spouse's mother, for example, if she constantly criticises her child's spouse and encourages her child to divorce them.

To prove alienation of affection, you must show that your marriage was loving. You can do this with letters, photos, witnesses, and other similar evidence. You must also show that the defendant actively and purposefully interfered with your spouse's affection for you and caused your spouse to become alienated from you.

The specifics of what is required to win an alienation of affection lawsuit can vary by location. However, in general, there are certain elements of this tort that a plaintiff must prove in order to prevail in court and obtain compensation. These include:

• The plaintiff and their spouse were married and there was underlying affection between them. This doesn’t mean the plaintiff must prove the marriage was perfect, but they must show there was a loving bond between the spouses prior to a third-party interfering.
• The love and affection in the marriage was destroyed. This can be demonstrated by providing proof of divorce or otherwise showing that the marriage has become unhappy and devoid of love and affection that previously existed.
• The defendant directly caused the affection between the spouses to be destroyed and resulted in them becoming alienated. This could be done in a number of ways, but often involves the defendant allegedly enticing the plaintiff’s spouse to have an affair or the defendant encouraging divorce. The important thing is that the plaintiff can’t just show the defendant received love and affection from the spouse. The defendant must have actively tried to undermine or interfere with the marital relationship and cause alienation of affection.
• The behaviour by the defendant would lead a reasonable person to believe that it would lead to an alienation of affection and the end of the marriage. It must be obvious that this behaviour would lead to the end of the marriage.

It's important to note that alienation of affection actions have been abolished in many jurisdictions, including New York. As of 2016, alienation of affections was recognised in six United States jurisdictions: Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.

The plaintiff must prove there was a happy marriage

Alienation of affection laws allow someone who is married or was previously married to sue a third party for interfering with their marital relationship. However, alienation of affection claims are no longer grounds for a lawsuit in most U.S. states, including New York.

To prove alienation of affection, the plaintiff must show that their marriage was previously happy. This doesn't mean that the plaintiff must prove the marriage was perfect, but they must demonstrate that a loving bond existed before the third-party interference. This can be done through various types of evidence, such as letters, photos, and witnesses. The plaintiff must also show that the love and affection in the marriage were destroyed as a result of the defendant's actions.

In the context of proving a happy marriage, here are some strategies that a plaintiff could employ:

• Demonstrating Prior Love and Affection: The plaintiff must provide evidence of a loving bond between the spouses before the third-party interference. This can include presenting love notes, photographs, or other similar forms of evidence that showcase the affection between the spouses. It's important to note that the marriage doesn't have to be perfect, but the existence of a loving relationship needs to be established.
• Highlighting the Change in Marital Status: The plaintiff can demonstrate that their marriage has become unhappy and devoid of the love and affection that previously existed. This can be done by providing proof of divorce, legal separation, or other indicators that the marriage has deteriorated. For example, the plaintiff could show that they are now sleeping in separate bedrooms.
• Emphasizing the Impact of the Defendant's Actions: While it's not necessary to prove that the defendant intended to destroy the marriage, the plaintiff must show that the defendant's actions directly caused the destruction of spousal love and affection. This could involve enticing the plaintiff's spouse to have an affair or actively encouraging divorce. The plaintiff needs to demonstrate that the defendant's behaviour would lead a reasonable person to believe that it would result in the alienation of affection and the eventual end of the marriage.
• Seeking Legal Assistance: Proving alienation of affection can be challenging, and it's advisable to seek help from an experienced family law attorney. They can assist in gathering the necessary evidence and building a strong case to recover compensation for damages.

By employing these strategies, a plaintiff can effectively demonstrate that their marriage was happy before the third-party interference and that the defendant's actions led to the destruction of spousal love and affection.

The plaintiff must prove the love and affection in the marriage was destroyed

Alienation of affection laws allow someone who is married or was formerly married to sue a third party for interfering with their marital relationship. However, this type of claim is only recognised in a handful of U.S. states, and New York is not one of them. In fact, alienation of affection claims were abolished in New York in 1935.

However, if you are interested in learning more about how a plaintiff might prove the destruction of love and affection in a marriage, here is some general information. Please note that the specifics of what is required to win an alienation of affection lawsuit can vary by location.

The plaintiff must show that the love and affection in the marriage was alienated and destroyed. Evidence of this could include the fact that the spouses are living in separate bedrooms, they are having conversations about divorce, or they are legally separated, seeking a divorce, or are now divorced. It can be either a partial or full loss of love and affection.

The Defendant Must Have Directly Caused the Loss of Affection

The defendant must have actively tried to undermine or interfere with the marital relationship and cause alienation of affection. It is not enough to show that the defendant received love and affection from the plaintiff's spouse. The defendant must have intentionally engaged in acts that would foreseeably impact the marriage. Evidence of this could include proof that the defendant purchased gifts for the spouse or took them on trips.

The Defendant's Behaviour Must Be Reasonably Expected to Lead to the End of the Marriage

It must be obvious that the defendant's behaviour would lead to the end of the marriage.

Types of Evidence

The plaintiff could show love notes, photos, or other similar evidence demonstrating the prior love between the spouses. They could also present evidence such as the fact that the couple is now legally separated, divorced, or sleeping in separate bedrooms. Friends and family could also testify about the nature of the relationship.

The defendant must have actively tried to undermine the marital relationship

Alienation of affection laws allow someone who is married or was formerly married to sue a third party for interfering with their marital relationship. In the US, this type of claim is only recognised in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah. Notably, New York is one of 42 states where this tort has been abolished.

To succeed in an alienation claim, the plaintiff must show that the defendant directly caused the affection between the spouses to be destroyed, leading to alienation. The plaintiff must prove that the defendant actively tried to undermine or interfere with the marital relationship and cause alienation of affection. This could be done in several ways, but often involves the defendant enticing the plaintiff's spouse to have an affair or encouraging divorce.

The plaintiff cannot merely show that the defendant received love and affection from their spouse. The defendant's behaviour must be intentional and constitute a "controlling or effective" cause of the alienation. For example, evidence of the defendant's intentionality could include purchasing gifts for the spouse or taking them on trips.

It is not necessary to show that the defendant set out to destroy the marital relationship, but only that they intentionally engaged in acts that would foreseeably impact the marriage. The defendant has a defence if they did not know that the object of their affections was married. Prior marital problems are not a defence unless unhappiness had reached a level that negated love between the spouses.

Alienation of affection cases often involve very personal and intimate matters, and it can be challenging to prove the existence of love and affection in the marriage. However, a variety of different kinds of proof can be presented, such as love notes, photos, witness testimonies, and evidence of the couple's separation or divorce.

The plaintiff must prove they were damaged by the defendant's actions

In New York, causes of action for alienation of affections have been abolished. This means that a person cannot sue for monetary compensation in cases where a third party interferes with their marriage. However, in the minority of US states where alienation of affection is recognised, the plaintiff must prove that they were damaged by the defendant's actions in several ways.

Firstly, the plaintiff must prove that they were married to their spouse, and that genuine love and affection existed between them. This can be demonstrated through evidence such as love notes, cards, photos, and the testimony of friends and family. The plaintiff does not need to prove that their marriage was perfect, but rather that a loving bond existed prior to the third party's interference.

Secondly, the plaintiff must show that the love and affection in the marriage was destroyed. This can be done by providing proof of divorce, separation, or other signs that the marriage has become unhappy and devoid of love and affection. Evidence could include documentation that the couple is sleeping in separate bedrooms or having conversations about divorce.

Thirdly, the plaintiff must prove that the defendant directly caused the destruction of affection between the spouses. This could involve the defendant enticing the plaintiff's spouse to have an affair or encouraging divorce. It is not enough to show that the defendant received love and affection from the plaintiff's spouse; the defendant must have actively interfered with the marital relationship. Evidence of this could include flirty text messages or gifts purchased for the spouse.

Lastly, the plaintiff must demonstrate that the defendant's behaviour would obviously lead a reasonable person to believe that it would result in the alienation of affection and the end of the marriage.

Frequently asked questions