Alienation of Affection


With regard to Alienation of Affection, is it necessary that the spouse who has lost affection (the one who would file suit, plaintiff) be divorced, legally seperated or in the process of seperation? Can the marriage be ongoing or continued with the plaintiff seeking damages for the emotional stress, mistrust, and damage that was caused? Does it matter which party initiated the contact (the two invoved in the relationship)?


If you are still working on repairing the relationship, then technically your affection is not COMPLETELY alienated. Usually these actions are not brought until after separation and/or divorce. It doesn’t matter which party initiated contact, but it does matter whether or not the other party was the principal cause. If your spouse was the main aggressor and pursued the paramour, then I suppose it can be argued that the spouse was the main cause of alienation, not the paramour.


No, an action can be pursued at anytime after the affair and alienation has been discovered (not longer than 3 years later).

The plaintiff must prove the affections of the marriage have been destroyed however, so separation must be imminent.