An alienation of action lawsuit is a type of civil tort claim filed against a third party by a spouse who has been deserted as a result of that third party’s actions. These suits are usually against third-party lovers, but anyone who interfered with the marriage can be liable.
Many states have abolished these types of lawsuits but a few of the states still have them available. If your state has them available, you may be able to seek money damages based on the loss of consortium and punitive damages for the defendant’s bad actions. Ohio does not recognize such a lawsuit.
Additionally, many courts do not allow adultery to impact the decision on alimony and property division; Ohio is such a state. However, certain states, an example being North Carolina, have become notorious for awarding large dollar awards. In states where this is allowed, it can be a tool for leverage in negotiations.
Also, besides just checking to see if you state allows such a claim, you will want to ensure you are still within the statute of limitations, or time limit in which you can file the case. Most states have a three-year statue of limitations. Jurisdictional issues can also complicate a claim if any of the acts took place in a state that does not recognize this type of claim. It is a tool you may want to consider when filing for a divorce.
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