Has anyone ever used Alienation of Affection?

Question

http://www.legalmatch.com/law-library/article/alienation-of-affection-lawsuits.html

This allows for a marital partner who is getting divorced because another individual interfered in the marriage and took a partners attention away to sue and get money from the mistress. Has anyone every used it? Did you know about it? Now that you know about it will you use it if need be? If you're a mistress does this give you second thoughts about taking away someones husband or even wife?

Answer 1

Most states don't recognize that legal procedure anymore. These are the states, as of 01/2008, who do:

Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

The only place I know of for sure where such a case was recently brought to the courts was North Carolina, and there it was a case of a MAN whose wife left him for someone else!

Now I have to admit, when I got divorced in 1989 (husband cheated and left for another woman)...I asked my lawyer about it. I found out that Oregon didn't recognize it, and also he advised me that such court actions merely make the "aggrieved" person look petty and bitter and it's better to focus the energies on getting proper child support and rebuilding my life...and,  in retrospect, I think he's 100% right.  

After all, why would you want to be beholden in any way to someone who couldn't respect the marriage vow, right?  or give the "homewrecker" the satisfaction of knowing that you were hurt and that he or she "won."  The people would just say, well no wonder he left...she's so "sue" happy.  

Nope, having a happy and SUCCESSFUL life post divorce is the best revenge IMO.

Answer 2

In fact, I'm glad to see that 'the other woman' can be held accountable for her actions.  (Or him...if thats the case.)  People need to be held accountable financially, apparently - because morals don't count for much...

Answer 3

I've never used it because I'm not married yet.  I didn't know about it, but I find it interesting.  I would never use it because I have my own ways of getting back; and it's no thru the courts.  I'm not a mistress, so no need to worry.  

And a mistress doesn't take away someone's husband/wife.  The husband/wife makes that choice to go to the mistress.

Answer 4

I think more people should use it. If my husband ever did that to me, I would use it.

Answer 5

Maybe if more people knew about that, there'd be less infidelity.

Answer 6

I don't agree with that at all. The married person is capable of choosing their spouse or new play thing. It makes me think of a good friend who had been mentally and physically abused by her husband for many years. It wasn't until she met a kind and caring man that she realized how bad her husband was. It took the new guy for her to realize life could be so much better and finally had the courage to leave her husband for him. Should he have to pay the husband? That doesn't sound right to me at all. In fact, this law almost sounds like it's directed at women "temptresses" more than the male ones, as if they have more cunning and influence over men.

Answer 7

I live in NC and have seen the alienation of affection law used quite a few times during a divorce-as recently as 2007:  http://www.rosen.com/ppf/law/divorce/ros...

Like others have said-it's not legal to use in many states but it is a way to get even-isn't it? I left my ex-husband but neither one of us were unfaithful-that wasn't the reason the marriage ended. I think it's unwise to get mixed up with someone's partner-whether they're married or not.