Yes, in certain jurisdictions, an aggrieved spouse may pursue legal action against an individual deemed a "homewrecker" through specific civil lawsuits known as marital torts. While the term "homewrecker" is not a legal designation, the actions it describes can fall under specific causes of action like alienation of affection or criminal conversation.
These lawsuits are civil actions filed by the aggrieved spouse (the "plaintiff") against the alleged homewrecker (the "defendant"). Their availability, however, depends entirely on the state or jurisdiction where you live.
Understanding Marital Torts: Alienation of Affection and Criminal Conversation
Marital torts are civil wrongs that occur within the context of a marriage. When a third party interferes with a marital relationship, they may be liable for specific damages under these torts.
Alienation of Affection
This claim alleges that a third party intentionally interfered with the marital relationship, causing its destruction or a loss of love, affection, and consortium. It's not just about adultery; it can also involve other forms of manipulation or influence that cause one spouse to leave the other or significantly diminish their affection.
- Key Elements Typically Required:
- A valid and existing marriage.
- Malicious or wrongful acts by the defendant (the "homewrecker").
- Loss of love, affection, and consortium (companionship, emotional support, and sexual relations) from your spouse.
- A causal connection between the defendant's acts and the loss of affection.
- Examples: Persuading a spouse to leave their partner, providing housing or financial support to facilitate separation, or actively undermining the marital bond through derogatory remarks or actions.
- Potential Damages: Can include compensation for emotional distress, mental anguish, loss of companionship, loss of spousal support, and damage to reputation.
Criminal Conversation
This is a specific type of marital tort that focuses solely on the act of adultery. Unlike alienation of affection, it does not require proof that the third party actively tried to break up the marriage, only that sexual intercourse occurred between the defendant and the plaintiff's spouse.
- Key Elements Typically Required:
- A valid marriage between the plaintiff and their spouse.
- Proof of sexual intercourse between the defendant and the plaintiff's spouse during the marriage.
- Distinction from Alienation of Affection: While alienation of affection can involve adultery, criminal conversation is adultery. The focus is purely on the sexual act itself.
- Potential Damages: Often include compensation for humiliation, shame, emotional distress, and loss of consortium due to the infidelity.
Jurisdictional Differences and Declining Availability
The ability to sue someone for being a homewrecker is highly dependent on state law. While once common, most states in the U.S. have abolished these types of lawsuits. They are often viewed as archaic and counterproductive to modern divorce proceedings. However, a few states still allow them.
Here's a general overview of their status:
Lawsuit Type | States Where Available (Examples) | States Where Abolished (Examples) |
---|---|---|
Alienation of Affection | North Carolina, Mississippi, Utah, New Mexico, South Dakota, Hawaii (limited circumstances) | Most other states, including California, New York, Florida, Texas, Illinois, Ohio, Pennsylvania, Virginia |
Criminal Conversation | North Carolina, Mississippi, Hawaii (limited circumstances), Utah, New Mexico, South Dakota | Most other states, similar to alienation of affection |
It is crucial to consult with a local attorney to understand the specific laws in your state.
Key Considerations Before Pursuing a Marital Tort Lawsuit
Even in states where these lawsuits are permitted, there are significant practical and legal hurdles to consider:
- Legal Complexity: These cases are often complex and require substantial legal expertise.
- Proof: Gathering sufficient admissible evidence of malicious intent (for alienation of affection) or adultery (for criminal conversation) can be extremely challenging and invasive.
- Emotional Toll: Engaging in such litigation can be emotionally draining and prolong the distress associated with the marital breakdown.
- Publicity: These lawsuits can become public, potentially exposing sensitive details of your personal life.
- Damages: While emotional damages can be claimed, proving and recovering substantial financial damages can be difficult, and the "homewrecker" may not have the assets to pay a large judgment.
- Cost: Legal fees and court costs can be considerable, often outweighing the potential financial recovery.
For these reasons, even where available, attorneys often advise clients to carefully weigh the potential benefits against the significant challenges and costs involved.