|
|
Personal Injury Litigation: Alienation of a Spouse's Affections
Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.
An action for alienation of a spouse's affections may be brought against a third party who purposely alienates one spouse's affections from the other spouse. The third party is liable to the other spouse for the harm that he or she caused to the other spouse's legally protected marital interests. A spouse's legally protected marital interests include the affection, society, and companionship of the other spouse, exclusive sexual relations with the other spouse, and the services and support of the other spouse.
Under early common law, only a husband could bring an action for alienation of his wife's affections. A wife was not able to bring the action because she was not able to file a lawsuit in her own name and because her husband was entitled to the proceeds of any action that was brought on her behalf. After married women's statutes were enacted, a married woman was entitled to maintain lawsuits in her own name and thus was able to bring an action for alienation of her husband's affections.
Requirements for Tort
An action for alienation of affections requires a direct interference with the marital relationship. One act of sexual intercourse may be sufficient for the bringing of the action. A spouse is not required to prove that the act or acts of a third party caused the spouse to incur a financial loss. A spouse is only required to prove loss of affections. A loss of affections may be proven by the other spouse's refusal to cohabitate with the spouse, by a separation, or by a divorce. The fact that the two spouses were separated or were unhappily married at the time of the third party's act or acts does not preclude a spouse from recovering damages from the third party. As long as there was some affection between the spouses, the spouse is entitled to an action against the third party for alienation of affections.
In order for a third party to be liable to a spouse for alienation of affections, the third party must have engaged in some type of affirmative conduct. Inaction on the part of the third party is insufficient for the action. The act or acts must have been committed with an intent to induce or to achieve the alienation of affections. The fact that the third party became the object of the other spouse's affections is not enough. The third party must have actively participated in or encouraged the alienation of affections.
In order for a third party to be liable to a spouse for alienation of affections, the spouses must be legally married. A common law marriage is sufficient if the common law marriage is valid. A marriage that is voidable as result of the spouses' incapacity is sufficient as long as the marriage has not been annulled. If the spouses subsequently divorce, the action may be maintained as long as the spouses were legally married at the time of the alienation of affections.
In an action for alienation of affections, a spouse is entitled to recover damages from a third party for the loss of affections and for emotional distress. The amount of damages will depend upon the nature of the marital relationship at the time of the third party's act or acts. The damages may be reduced if the spouses had an unhappy relationship prior to the third party's act or acts.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc. |
View more 'Personal Injury Litigation' Newsletter Articles from Kiley Law Firm:
| Liability of Air Traffic Controllers
Torts: Transportation Torts: Aviation
Air traffic controllers are responsible for the flow of air t
(Read more...)
|
| Tort Action for Interference with a Dead Body
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligent
(Read more...)
|
| Liability of Airlines
Transportation Law: Air Transportation: Personal Injury & Property Damage
An airline may be liable
(Read more...)
|
| Transferred Intent
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defe
(Read more...)
|
| Tort Action for Causing a Minor Child to Leave Home
Family Law: Parental Duties & Rights: Care & Control of Children
Under the common law, a person who
(Read more...)
|
| SUM Coverage - Protect Yourself From Underinsured Drivers
Dangerous drivers are one of the greatest hazards on the roads today. Dangerous drivers with "minimu
(Read more...)
|
| Miscellaneous Driving Rules
Transportation Law: Private Motor Vehicles: Traffic Regulation
In addition to rules regardi
(Read more...)
|
| Real Estate
Nuisances
Every property owner is entitled to use his land in a reasonable way. His use, ho
(Read more...)
|
| Interference With a Contract
When parties come together to form a contract, a third party may interfere with the performance of t
(Read more...)
|
| Parental Immunity
Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child fro
(Read more...)
|
| Alienation of a Spouse's Affections
Under the common law, there existed a tort for the alienation of a spouse's affections. Although mos
(Read more...)
|
View more 'Personal Injury Litigation' News from Kiley Law Firm:
| Kiley, Kiley & Kiley, PLLC obtains $250,000.00 settlement for woman who sustained multiple foot fractures in a car accident. (Personal Injury Litigation, 2012- August)
James D. Kiley settled the claim of a retired Nassau County woman who sustained multiple foot fractu
(Read more...)
|
| Kiley, Kiley & Kiley obtains 1.5 Million dollar settlement for the wrongful death of a construction worker (Personal Injury Litigation, 2010-Jun)
Donald T. Kiley, Jr. reached a $1.5 million settlement for a Queens construction worker who fell nin
(Read more...)
|
| Kiley, Kiley & Kiley obtains liability verdict for Suffolk man injured on a retaining wall (Personal Injury Litigation, 2010-Mar)
James D. Kiley obtained a jury verdict on liability for a Suffolk man who was injured when a piece o
(Read more...)
|
| Kiley, Kiley & Kiley obtains $85,000 settlement for airport worker who sustained a herniated disc (Personal Injury Litigation, 2009-Oct)
James D. Kiley settled a lawsuit brought by an injured airport worker struck by a vehicle at Kennedy
(Read more...)
|
| Kiley, Kiley & Kiley wins another appeal in the Appellate Division Second Department (Personal Injury Litigation, 2009-Jan)
James D. Kiley successfully argued before the Appellate Division Second Department and obtained a re
(Read more...)
|
| Kiley, Kiley & Kiley obtains a $1,000,000 structured settlement for the wrongful death of a man crushed in a bailer (Personal Injury Litigation, 2007-Nov)
Donald T. Kiley, Jr. obtained a $1,000,000.00 structured settlement for the wrongful death of a 30 y
(Read more...)
|
| Kiley, Kiley & Kiley obtains a $150,000.00 settlement for a car accident victim (Personal Injury Litigation, 2007-Feb)
James D. Kiley obtained a $150,000.00 settlement for a car accident victim who sustained a fractured
(Read more...)
|
| Kiley, Kiley & Kiley obtains a $425,000.00 settlement for a truck driver who sustained nerve damage to his hand after a fall over a dangerous step (Personal Injury Litigation, 2006-Dec)
Donald T. Kiley, Jr. obtained a $425,000.00 settlement for a bus driver who tripped over a step that
(Read more...)
|
| Kiley, Kiley & Kiley obtains $175,000.00 settlement for a bus passenger injured in a sudden stop (Personal Injury Litigation, 2006-Oct)
James D. Kiley obtained a $175,000.00 settlement for a bus passenger who sustained a torn rotator cu
(Read more...)
|
| Kiley, Kiley & Kiley obtains $300,000.00 settlement for Brooklyn man (Personal Injury Litigation, 2006-Jul)
In a case of first impression after recent Federal legislation eliminated the vicarious liability of
(Read more...)
|
| Kiley, Kiley & Kiley obtains $75,000.00 arbitration award for car accident victim (Personal Injury Litigation, 2006-Jun)
The Hon. Joseph Giamboi rendered a $75,000.00 arbitration award for a Queens car accident victim who
(Read more...)
|
| Kiley, Kiley & Kiley wins summary judgment dismissing Staten Island action (Personal Injury Litigation, 2006-Apr)
A Richmond County Supreme Court Judge recently awarded Trump Management, Inc, Summary Judgement in a
(Read more...)
|
| Kiley, Kiley & Kiley obtains $210,000.00 settlement for elderly accident victim (Personal Injury Litigation, 2006-Mar)
Kevin J. Kiley obtained a $210,000.00 settlement for an 87 year old woman who fractured her humerus
(Read more...)
|
| Kiley, Kiley & Kiley obtains $650,000.00 settlement for a Bronx man who sustained a broken leg at the Hunts Point Market (Personal Injury Litigation, 2004-Feb)
Donald T. Kiley, Jr. obtained a $675,000.00 settlement for a car accident victim who sustained a fra
(Read more...)
|
| Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search) (Personal Injury Litigation, 2001-May)
Motor Vehicle
Case Type: Left Turn
Case Name: Wesley Shirley v. Meredith and Barry Kammsky. No 236
(Read more...)
|
| Teacher's Assistant tripped on unlevel floor - Lorraine Walsh and Charles Walsh v. Facchin & Facchin, Ltd. and St. Pauls Church, College Point, No. 23592/OO (Verdict Search) (Personal Injury Litigation, 2003-Jun)
Teacher's Assistant tripped on unlevel floor. Case Type: Trip and Fall, Premises Liability - School,
(Read more...)
|
| Motor Vehicle, Stop Sign - John Petropolis v Dennis Montenez;, No. 22973/99 (Verdict Search) (Personal Injury Litigation, 2000-Oct)
Motor Vehicle
Verdict: (P) $400,000. Case Type: Stop Sign
Case Name: John Petropolis v Dennis Mont
(Read more...)
|
| Motor Vehicle, Passenger - Andre Primus V Marco Sloan; Boston Coach - N.J. Corp; Eloston Coach Connection Corp, and FTM Servi, No. 32107/00 (Personal Injury Litigation, 2002-Feb)
Motor Vehicle
Decision: (P) $950,000.00
Case Type: Passenger
Case Name: Andre Primus V Marco Sloa
(Read more...)
|
| Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search) (Personal Injury Litigation, 1995-Sep)
Motor Vehicle
Settlement: $950,000.BD
Case Name: William Flynn v. Benjamin Augustine and Jacob Sin
(Read more...)
|
| Motor Vehicle, Woman alleged that auto collision caused disc injuries, Passenger - Triffina Coley v Rooney Motors, Ltd, Neil Bond, as Executor of the Estate of Anthony Lucatorto; and Beverly Williams, No. 20830/00 (Verdict Search) (Personal Injury Litigation, 2003-Sep)
Motor Vehicle
Woman alleged that auto collision caused disc injuries
Case Type: Passenger
Case Na
(Read more...)
|
| Premises Liability, Warehouse's visitor claimed he tripped on high step, Dangerous Condition, Trip and Fall - Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04 (Verdict Search) (Personal Injury Litigation, 2007-Jan)
Premises Liability
Warehouse's visitor claimed he tripped on high step
Settlement: $425,000
Case
(Read more...)
|
| Assault, Hotel - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) (Lois Law) (Personal Injury Litigation, 1997-Mar)
CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997)
CHESTER T. CYZIO, Plaintiff, v. RIHGA INTERNATI
(Read more...)
|
| Personal injury, trip and fall - MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS (Lois Law) (Personal Injury Litigation, 2001-Mar)
New York Appellate Division Reports
MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, E
(Read more...)
|
| Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law) (Personal Injury Litigation, 2006-Sep)
BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent.
Appellate Division
(Read more...)
|
| Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law) (Personal Injury Litigation, 2008-Nov)
JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent.
Appellate Division of the Supreme Co
(Read more...)
|
| Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case) (Personal Injury Litigation, 2005-Feb)
Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case). Appellate Division 2nd Dep't ov
(Read more...)
|
|
|
Represented by Donald Kiley Jr., concertgoer claims he was "attacked and assaulted" by fellow unprovoked concertgoers who felt "comfortable to engage in mischief and physical violence" at the encouragement of the rappers. Read
more... |
|
HIGHLIGHT: Kiley Law Firm makes
the front page of the New York Law Journal
Read more... |
Click Here to submit
a payment to Kiley, Kiley & Kiley, PLLC.
|
|
|
