Define: Alienation Of Affections

Alienation of affections is a legal claim that allows a spouse to sue a third party, typically someone with whom their spouse engaged in an extramarital affair, for wrongful interference in the marital relationship. The claim alleges that the defendant’s actions, such as seduction, manipulation, or encouragement of infidelity, led to the breakdown of the marital relationship and the loss of affection between spouses. While alienation of affections was historically recognised as a valid cause of action in some jurisdictions, its popularity has diminished over time, and it is now only recognised in a handful of states in the United States. To succeed in a claim of alienation of affections, the plaintiff must typically demonstrate that there was genuine love and affection in the marital relationship, that the defendant’s actions caused the loss of affection, and that damages were suffered as a result. However, alienation of affections claims can be complex and difficult to prove, and they are often subject to criticism for interfering with personal relationships and encouraging litigation over marital disputes.

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This glossary post was last updated: 29th March, 2024.