Affairs that break up marriages can be heartbreaking and devastating to families. To one man in Texas who had an affair with a married woman, his affair also potentially cost him $8.8 million dollars.
Damages for Interfering in an Intact Marriage
The man was ordered to pay that amount as damages to the family of the married woman with whom he was having an affair. Some of the money is compensatory, as the woman worked for her husband’s company, which allegedly lost money because of the indiscretions, but some of the money was awarded as punitive damages.
The suit alleged that the man also rented an apartment close to the married woman, and intruded on numerous family vacations, even after being told by her husband to back off. The suit alleged that her husband’s formerly successful business lost revenue because of the affair, and the husband had to spend more of his money on household expenses because of the woman’s/wife’s infidelity.
The man who had the affair and was ordered to pay the money alleged that the couple’s marriage was on the rocks long before he came into the picture.
Alienation of Affection
The suit was filed under a cause of action called “alienation of affection.” In simple terms, when someone has a happy marriage that is ruined by someone outside the marriage, a suit can be brought for damages, but only in a limited number of states. Please note that New Jersey is not one of them.
Many states have barred this cause of action (including New Jersey). Some feel that allowing alienation of affection lawsuits encourages blackmail, does not prevent adultery, is used to extract revenge, and is an intrusion of the legal system into what should otherwise be a personal relationship problem.
Some are concerned that the personal nature of the suit extracts undue influence on people to settle for whatever the other side asks for.
But in North Carolina, where this verdict was entered, it is estimated that 200 alienation of affection suits are filed every year. Other verdicts have been entered against those who break up an otherwise happy marriage for millions of dollars.
Where Alienation Suits are Allowed
Other states where the cause of action is recognized are Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.
Be aware that even if you live in a state where alienation of affection is not recognized as a cause of action, if the indiscretion happened in a state where it is recognized, or if the “cheater” outside the marriage lives in one of those states, the jilted spouse can still sue.
If you are not in a state where alienation of affection is recognized, like New Jersey, even if you cannot recover damages from the paramour, there are other ways to obtain remedies through the family or civil courts. Some may include illegal interference with contracts, or theft of family money.
Are you considering divorce? Contact Agnes Rybar LLC for help and advice with any kind of family law matter.
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