My soon to be ex-spouse and I are getting divorced. The reason we are getting divorced is because of my spouse’s affair. Can I sue my spouse’s affair partner for ruining our marriage?
The short answer is no.
First, my office does not work with family law, so my response is directed only to your question. This office will not advise you about division of marital assets or custody issues.
The type of claim you are describing used to be a tort called “alienation of affections.” The “alienation of affections” claim was a right a spouse had against a third-party who directly interfered with a marital relationship. So when a spouse had an extra-marital affair, the aggrieved spouse could bring an action against the affair partner for directly interfering with the marriage.
However, the legislature disallowed the tort of “alienation of affections.” There is a statute prohibiting anyone from bringing a claim for “alienation of affections.” NY Civil Rights Law § 80-a. Only eight states still recognize the tort of “alienation of affections.”
The “alienation of affections” claim is different than the derivative claim for loss of services discussed in a prior post. The derivative claim for loss of services of a spouse is a claim for interference with a marital relationship because the spouse was physically injured by the conduct of another party. Thus, if your spouse was assaulted or was injured in a car accident, you would have a derivative claim for loss of services.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.