Alienation of affection/criminal conversation

I am going to repeat something I mentioned in my very first post on this board, as it provides background for my question:

To add to the above, the entire topic of an “open marriage” first came into play because she had been spending a lot of time socializing with her boss after work, and an obvious attraction developed between the two of them. They did not have sexual relations that I know of, but I know they discussed it and there was an obvious emotional relationship. She confessed to me that he had tried to talk her into having an affair.

My question is - would seeking any sort of damages against either her boss (based on alienation of affection laws) or her lover (based on alienation of affection and/or criminal conversation) potentially be worth my time/money? I believe she is still with her lover, which in my understanding is enough evidence to prove that they were together before the date of separation.

I always thought this sort of thing was petty, but she left me in a very rough situation here. As always, thoughts are appreciated.

The fact that they are still together is not enough, on its own to prove alienation of affection. You will need to prove that you had a happy marriage and that but for the acts of this third party, the marriage, and the affection in the marriage would have remained intact.

Well that’s subjective, isn’t it? I suppose a logical argument on her part would be that we weren’t happy for a long time (whether we were or weren’t) and that the third party had absolutely nothing to do with alienating our affections. I suppose that answers my question about this being worth my time.

How does anyone ever win these cases?

Actually, just showing that you remained living as husband and wife is usually enough for the court to presume there was affection in the marriage, the problem I see in this case is that you agreed (no matter how reluctantly) to the marriage being open. I cannot say for sure how a jury would view that fact.