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 more than 30 years experience in 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 persuasion, enticement, or inducement by the defendant.
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.
The decision as to whether a defendant is liable is made by a jury.
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.
If the jury awards punitive damages, the plaintiff may also recover reasonable attorney fees and expenses.
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.
To find out if we can help you, contact us online or call 601-957-3101.