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Alienation of Affection

Defending claims of wrongful interference in a marriage in Mississippi.

Alienation of affection is a legal claim that a person wrongly interfered in an existing marriage relationship and deprived someone of the services, companionship, and consortium of their spouse.

We have over 30 years of experience defending alienation of affection claims.

Defending Alienation of Affection Claims

To prevail, the plaintiff must prove three elements:

  • That the defendant engaged in wrongful conduct;
  • That the plaintiff suffered a loss of affection or consortium; and
  • That the defendant’s conduct was the cause of the loss.

Wrongful conduct may be established through evidence of the defendant’s persuasion, enticement, or inducement. Defenses to this claim typically involve showing that the marital relationship was beyond repair before the affair occurred, and that the plaintiff’s spouse actively pursued the defendant. A jury decides whether a defendant is liable.

Recoverable Damages

A plaintiff may recover money damages. The jury will be instructed to award an amount that will reasonably compensate the plaintiff for the value of the affection and consortium lost. In deciding how much to award, the jury can consider:

  • The loss of society, companionship, love, and affection;
  • The loss of aid, services, and physical assistance;
  • The loss of sexual relations;
  • The loss of participation together in the activities, duties, and responsibilities of making a home;
  • Any other mental and emotional distress resulting from the defendant’s conduct; and
  • Any other damages proven to have resulted from the defendant’s wrongful acts.

Attorney Fees

If the jury awards punitive damages, the plaintiff may also recover reasonable attorney fees and expenses.

Insurance Coverage

Insurance typically does not cover alienation of affection claims. However, if you are sued for alienation of affection, you should review your policies and make a formal request for coverage.

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OfficeDanks Miller & Cory PA
213 South Lamar Street
Jackson, MS 39201

Phone601-957-3101

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