Can anything done after a couple is separated lead to an alienation of affection claim? Also if a spouse allows her husband to come back after leaving isn’t that basically forgiving anything that happened before?
Yes, a spouse that continues to see a paramour after a separation can lead to an alienation of affection claim if that spouse starting dating the paramour during the marriage. If a spouse begins dating someone after a separation has occurred, then there will be no basis for an alienation of affection claim.
Yes, Wife allowing Husband to move back into the marital residence could be viewed as Wife condoning the acts of Husband.
For more information on the alienation of affection claim, check out our detailed article Infidelity and Alienation of Affection.
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