No, you generally cannot sue for adultery in Connecticut as a standalone civil lawsuit seeking monetary damages against a spouse or a third party, as is common with personal injury claims. However, adultery is a legally recognized ground for filing a fault-based divorce in the state.
Adultery as a Ground for Divorce in Connecticut
Connecticut's divorce laws provide pathways for couples to end their marriage, including both no-fault and fault-based options. While most couples opt for no-fault divorces due to their often simpler process, adultery is a recognized ground for seeking a fault-based divorce in Connecticut.
This means that if a marriage is ending due to one spouse's infidelity, the other spouse can petition the court for divorce, citing adultery as the reason or "fault" for the breakdown of the marriage. Proving adultery in a divorce case requires presenting evidence to the court that the spouse engaged in sexual relations with someone other than their spouse.
Suing for Adultery as a Separate Civil Action (Tort Claim)
The concept of "suing for adultery" often refers to historical civil lawsuits known as "heart balm" torts, such as:
- Alienation of Affection: A claim against a third party who interfered with the marriage, causing one spouse to lose affection for the other.
- Criminal Conversation: A claim against a third party for having sexual intercourse with one's spouse.
Connecticut, like the vast majority of U.S. states, does not recognize or permit these standalone civil lawsuits seeking monetary damages directly from adultery. The provided legal framework for addressing adultery in Connecticut is within the context of divorce proceedings, not as an independent cause of action for financial compensation outside of divorce.
Key Distinctions: Divorce Ground vs. Civil Suit
Understanding the difference between using adultery as a fault ground in a divorce versus attempting to sue for it as a separate tort claim is crucial:
| Aspect | Adultery as a Ground for Divorce | Suing for Adultery (Standalone Civil Claim) |
|---|---|---|
| Purpose | Basis for legally dissolving a marriage | Seeking monetary damages from a third party or spouse |
| Legal Context | Family Law / Divorce Proceedings | Tort Law (e.g., Alienation of Affection, Criminal Conversation) |
| Connecticut Law | Permitted (as a fault ground for divorce) | Generally Not Permitted (not a recognized cause of action for damages) |
| Outcome | Divorce decree, potential influence on settlement | Monetary award (if permitted and proven) |
Impact of Adultery in CT Divorce Proceedings
While adultery is not a basis for a separate lawsuit for damages, its presence as a fault ground in a divorce can potentially influence the outcome of certain aspects of the divorce settlement in Connecticut.
When a divorce is granted on the grounds of adultery, the court may take the marital misconduct into consideration when making decisions regarding:
- Alimony (Spousal Support): The court may consider fault, including adultery, when determining whether to award alimony, the amount, and the duration.
- Property Division: While Connecticut is an equitable distribution state (meaning assets are divided fairly, not necessarily equally), fault can sometimes be a factor in how marital property is divided.
It's important to note that even when adultery is proven, the court's primary focus remains on achieving an equitable outcome for all parties involved, considering all factors of the marriage and its dissolution.
