If you’re in the midst of a divorce in Alabama and suspect your spouse had an affair that contributed to the breakdown of the marriage, you may have heard about the state's "homewrecker law."
Historically, this law allowed a spouse to sue a third party—typically a lover—for willfully and maliciously interfering in a marital relationship, leading to its breakdown.
However, Alabama passed legislation to eliminate such claims in 1935, aligning with the majority of U.S. states that have removed this legal avenue.
If you're struggling with a current or expected divorce claim, our Alabama divorce attorneys can help you identify the best avenue of approach, regardless of its complexity.
What Was the Legal Basis for the Homewrecker Law?
Alabama's homewrecker law was formally called "alienation of affections." It allowed the husband or wife to seek compensation from a third party who wrongfully interfered with the marital relationship by having an affair with their spouse.
The legal basis stems from the idea that a spouse's love, society, companionship, and services are considered valuable property rights.
If a third party intentionally interferes and causes damage to or loss of that right through adulterous relations, they can be held liable for monetary damages.
Other states, along with Alabama, have abolished or severely limited such lawsuits, often citing difficulty in proving intent and the overly messy, embarrassing nature of the cases.
What Had to Be Proven?
To successfully bring an alienation of affections claim against a spouse's affair partner in Alabama, the plaintiff (the spouse who was cheated on) had to prove several key elements:
- A genuine marriage existed between the plaintiff and their spouse;
- The defendant (the third-party affair partner) had knowledge of the marriage;
- The defendant intentionally engaged in adulterous behavior or other wrongful conduct that caused the alienation of affections between the married couple;
- This alienation directly resulted in the loss of the spouse's love, society, companionship, and/or services toward the plaintiff; and
- Actual damages were suffered by the plaintiff as a result.
Merely having an affair is not enough on its own.
The plaintiff must show the defendant knew that the plaintiff was married, intended to interfere in the marriage through their actions and that their interference was a direct cause of alienating the affections and ending or severely damaging the marital relationship.
Types of Damages Awarded
If a plaintiff was successful, Alabama law allowed them to potentially recover both compensatory and punitive damages from the defendant.
Compensatory damages were aimed at financially making the wronged spouse whole again based on the marital loss suffered.
This included:
- Loss of household/domestic services and efforts previously provided by the spouse;
- Mental anguish and loss of peace of mind/emotional distress;
- Public humiliation and damage to reputation;
- Loss of companionship, society, and marital relations; and
- Potential lost financial support if it caused the divorce.
Punitive damages were considered punishment against the defendant for their intentional, malicious actions in carrying out the affair. These were awarded at the discretion of the court based on the reprehensible nature of the conduct.
Punitive damage awards were often higher than compensatory awards in successful alienation of affections cases.
Challenges in Proving a Claim
While Alabama's homewrecker law provided civil recourse for wronged spouses, actually proving an alienation of affections claim at trial and recovering damages was extremely difficult in most cases.
One of the biggest hurdles was demonstrating that the affair partner not only knew about the marriage but that they intentionally set out to cause alienation between the couple.
Simply having an affair, even if the person knew their partner was married, may not have been enough if their intent was not aimed at breaking up the marriage itself.
The spouse who was cheated on must have proven actual financial losses occurred specifically due to the breakdown of the marriage caused by the affair.
Such financial losses included loss of household assistance or potential future income if the higher-earning spouse leaves, which can be quite speculative at times.
There's also the reality that marriages often end due to many complex factors over time beyond infidelity. Isolating the role of the affair itself versus existing marital issues and alienation that predated the affair poses a major challenge.
Additionally, the public and embarrassing nature of dredging up all the personal details of the marriage and affair during a civil trial was a strong deterrent for many potential plaintiffs.
Next Steps
While Alabama no longer enforces its homewrecker law, if you find yourself in the unfortunate situation of being the wronged spouse in an adulterous relationship that led to divorce, consulting with an experienced family law attorney should be your first step.
They can evaluate the specifics of your situation and determine the best path forward.
Having legal counsel provide an honest assessment of your chances based on the evidence can help you decide what's worth pursuing.
Let Justice Roll
If you need assistance exploring your legal options for divorce, the experienced divorce attorneys at Baxley Maniscalco can provide the trusted advice and representation you need.
We understand the emotional pain caused by adultery and will fight to help you receive justice and fair compensation.