An alienation of affection lawsuit is one in which a spouse can sue a third party if his or her partner leaves the relationship for another person.

To win, an alienation of affection lawsuit needs to prove that:

Love between the married spouses must have existed.

The marital love must have been alienated and destroyed.

The third party's conduct has to be proved to be malicious interference with the marriage relationship.

Most states in the United States have abolished this type of lawsuit as it is considered to be archaic and an unacceptable form of revenge.

Historically, the alienation of affection law was based on the belief that a wife was the property of her husband. Therefore, when a woman was emotionally or sexually involved with another man, she was considered to have been stolen.

Those who want the alienation of affection laws to remain believe that alienation of affection lawsuits protect traditional marriage. Also Known As:

Criminal Conversation

Heart Balm Torts

Revenge

Spousal Theft

Examples: As of January 2008, the only states in the United States that allow alienation of affection lawsuits are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

Alabama: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Alaska: Neither state law nor case law addresses the issue of alienation of affection in Alaska.

Arizona: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Arkansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

California: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Colorado: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Connecticut: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Delaware: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

District of Columbia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Florida: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Georgia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Hawaii: Yes, alienation of affection lawsuits can still be brought.

Idaho: No, alienation of affection lawsuits were abolished through judicial decision.

Illinois: Yes, alienation of affection lawsuits can still be brought.

Indiana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Iowa: No, alienation of affection lawsuits were abolished through judicial decision.

Kansas:No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Kentucky: No, alienation of affection lawsuits were abolished through judicial decision.

Louisiana: In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished.

Maine: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Maryland: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Massachusetts: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Michigan: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Minnesota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Mississippi: Yes, alienation of affection lawsuits can still be brought.

Missouri: No, on June 17, 2003, Missouri's highest court abolished the state's alienation of affection law.

Montana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Nebraska: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Nevada: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

New Hampshire: No. According to Title XLIII, Chapter 460:2, "No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse."

New Jersey: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

New Mexico: Yes, alienation of affection lawsuits can still be brought.

New York: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

North Carolina: Yes, alienation of affection lawsuits can still be brought.

North Dakota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Ohio: No, in 1985, alienation of affection suits were abolished by General Laws c. 207, Sect. 47B, inserted by St. 1985, c. 74 Sect. 1.

Oklahoma: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Oregon: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Pennsylvania: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Rhode Island: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

South Carolina: No, alienation of affection lawsuits were abolished through judicial decision.

South Dakota: Yes, alienation of affection lawsuits can still be brought.

Tennessee: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Texas: No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit.

Utah: Yes, alienation of affection lawsuits can still be brought.

Vermont: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Virginia:No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Washington: No, alienation of affection lawsuits were abolished through judicial decision.

West Virginia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Wisconsin: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Wyoming: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

Source: About.Com

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