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."
This unique law allows the spouse who was cheated on to potentially sue their ex's affair partner for monetary damages.
While suing a cheating spouse's lover certainly seems like it could provide a sense of justice and vindication, the applicable laws in Alabama are quite complex.
Here, our Alabama divorce attorneys provide an in-depth look at how the homewrecker law works, what damages may be recovered, and some of the challenges involved in bringing forth a successful claim.
What Is the Legal Basis for the Homewrecker Law?
Alabama's homewrecker law is formally called "alienation of affections." It allows 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.
It's important to note that Alabama is one of only a few states that recognize these claims, often referred to as "heart balm" torts.
Other states have abolished or severely limited such lawsuits, often citing difficulty in proving intent and the overly messy, embarrassing nature of the cases.
What Must 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) must 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 is successful, Alabama law allows them to potentially recover both compensatory and punitive damages from the defendant.
Compensatory damages are aimed at financially making the wronged spouse whole again based on the marital loss suffered.
This includes:
- 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 are considered punishment against the defendant for their intentional, malicious actions in carrying out the affair. These are awarded at the discretion of the court based on the reprehensible nature of the conduct.
Punitive damage awards are often higher than compensatory awards in successful alienation of affections cases.
Challenges in Proving a Claim
While Alabama's homewrecker law provides civil recourse for wronged spouses, actually proving an alienation of affections claim at trial and recovering damages is extremely difficult in most cases.
One of the biggest hurdles is 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 be enough if their intent was not aimed at breaking up the marriage itself.
The spouse who was cheated on must prove actual financial losses occurred specifically due to the breakdown of the marriage caused by the affair.
Such financial losses include 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 can be a strong deterrent for many potential plaintiffs.
Next Steps
If you find yourself in the unfortunate situation of being the wronged spouse in an adulterous relationship that led to divorce or alienation of affections within your marriage, consulting with an experienced family law attorney should be your first step.
They can evaluate the specifics of your situation and determine if an alienation claim may be viable.
It's important to understand the significant burden of proof and challenges in bringing a successful case against the affair partner in Alabama.
Having legal counsel provide an honest assessment of your chances based on the evidence can help you decide if it's worth pursuing.
Fight Harder, Fight Smarter
If you need assistance exploring your legal options regarding Alabama's alienation of affections law, 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.