Alienation of Affections: Sue the Mistress!
Posted by VickyC on December 8th, 2009
This won't end too well...
Lovers – watch your backs: There’s a new hot lawsuit in town. Actually, it’s not really new; as the Alienation of Affections tort has been around for over 150 years. It falls under the category of Dignitary Tort – as the defendant (extra marital lover) directly causes harm to the plaintiff’s (party who is being cheated on) human dignity.
Since the 30′s, this tort was abolished in most states in the USA, but is still recognized in Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota and Utah. 150+ years ago, this suit was used primarily because women were seen as their husbands property, so instead of husbands going after their wives lovers with shotguns, they would take them to court. In today’s money-grabbing society, people are driven to take their spouse’s lovers to court for money and, of course, for the sweet, sweet revenge. For example, juries in North Carolina have awarded over $1 million on several occasions.
So , if you’re going to be cheated on, it would be ideal if it’s with a high-flying business woman or a neorusurgeon – basically someone who rakes in a LOT of dollars. Lets think about the biggest scandal of the moment – Mr Tiger Woods. If any of his flings were married, their jilted spouses could have the opportunity to go after the richest golfer in the world. Or alternatively, if any of his flings were loaded (in terms of money – of course..), his wife could go after them. In any alienation of affection case, a super-extra affluent paramour makes for the best target.
According to the states that have dropped this lawsuit, the threat of legal action helps to protect the sanctity of marriage in the long run. I can see that as making sense. I mean, otherwise, everyone would be suing everyone else over everything. But, according to Wiki, there are several things that need to be present in order for these cases to hold water:
1. The marriage did entail love between the spouses to some degree
2. The spousal love was alienated and destroyed
3. The defendant’s malicious conduct contributed to/caused the loss of affection
4. The proof of extramarital sex is NOT required
5. It is NOT necessary to show that the defendant was out to destroy the marital relationship
With that being said, the defendant can argue that they did not know the object of their affections was married. Also, a defense cannot be established on the grounds that the couple had prior marital problems.
As a law from 150 years ago, it makes sense.. “Don’t go after the guy with a shotgun, take him to court.. You might be awarded a few chickens and a cow…” – Sounds like a pretty good deal, right!? But today, just because this sort of conduct is considered distasteful does not necessarily mean that it deserves legal address. It’s not considered illegal anymore.. But most people will think that you’re an a**hole if you are adulterous. Once you decide to take the extramarital partner to court, you can bet that all of your dirty laundry will be aired for the world to see. It may come out that your spouse never loved you in the first place, or maybe your spouse will tell you that your looks have gone, and they wanted an upgrade to a more recent, sporty model… Not at all pleasant things to hear. But in these cases, the cheating spouse is the one responsible as they stopped honouring their marriage contract. If you’re going after the mistress, then I’m about 110% sure that it’s for the sake of money and revenge – not necessarily in that order. Or maybe you will want to go all 19th Century on them and go after them with a shotgun…
In terms of Tiger Woods & his wife, although they live in Florida – a state that does not recognise alienation of affection, IF any of the alleged cavorting took place in an alienation of affection state then he better watch his dollars. Today, these cases pretty much NEVER make it to trial and are dealt with by out-of-court settlements.
This dates back to the time when brides were called brides because their husbands were given a “bridal” to control them – as you would with a horse. And the groom was called a groom because that’s what you call someone who is charged with caring for an animal… With that being said, is the institution of marriage outdated? Should laws like this be completely removed? Should we take a page from the book of Islam and deal out lashes? Discuss…
Tags: Affair, Affections, Alienation, Alienation of Affections, Bride, Cheating, Divorce, Extramarital, Fling, Groom, Infedelity, Law, Marriage, Relationship, Revenge, Spouse, Sue
[...] can go after your cheating spouse’s lover by claiming Alienation of Affection. Works best if the extra-marital person is [...]