Alienation of Affection

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

Defending alienation of affection claims.

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

The plaintiff must prove (1) that the defendant engaged in wrongful conduct, (2) that the plaintiff suffered loss of affection or consortium, and (3) 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 (1) that before the affair happened, the marital relationship was beyond repair and (2) 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 following:  (1) the  loss of society, companionship, love and affection; (2) the loss of aide, services, and physical assistance; (3) the loss of sexual relations; (4)  the loss of participation together in the activities, duties and responsibilities of making a home; (5) any other mental and emotional distress resulting from defendant’s conduct; and (6) any other damages proven to have resulted from any wrongful acts of the defendant.

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.

Contact Us

To find out if we can help you, contact us online or call 601-957-3101.