Alienation of Affection

Alienation of Affection

The removal of love, companionship, or aid of an individual's spouse.

Historically, alienation of affection furnished grounds for an action against the individual who interloped in a marital relationship. The harm caused was viewed as a deprivation of an individual's rights of consortium.

The elements of the action generally included wrongful conduct by the interfering party with the complainant's spouse, the loss of affection or consortium, and a nexus between the conduct of the defendant and the impairment or loss of consortium, which included a deprivation of such rights as services, assistance, and sexual relations.

Today, the action has fallen into disuse and no longer constitutes a ground for a lawsuit in most states.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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