A confidential settlement was recently reached in a case where a husband alleged that his wife's physician broke up their 20 year marriage. The husband, an ex airline pilot, in a lawsuit filed in state court in Mississippi, claimed that his wife's orthopedic surgeon seduced her into an extra marital relationship thus causing their 20 year marriage to come to an end. Among other damages, the husband claimed that he suffered negligent and intentional infliction of emotional distress due to the break up of the marriage. The matter reportedly settled at the conclusion of a jury trial but before jury deliberations.
The cause of action that the plaintiff in this case proceeded on existed at common law and was called Alienation of Affection. At common law, one was able to sue and obtain money damages for emotional distress where it could be proven that one's actions caused a break up of a romantic relationship. The cause of action was not limited to situations where an outside party
acted to break up a relationship, it also included a cause of action against a party to that relationship where there was a "breach" of an agreement to marry. Because of the difficulties in proving such a cause of action and public policy considerations, most states have abolished this cause of action. In fact, such a case is only viable in seven states including Mississippi. The New Jersey Legislature abolished this cause of action in New Jersey in 1935 pursuant to N.J.S.A. 2A:23-1 Which states: "The rights of action formerly existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are abolished from and after June 27, 1935." Although a specific cause of action for alienation of affections no longer exists in the state of New Jersey, there may be situations where similar causes of actions may be brought for emotional distress type damages that relate to the break up of relationships such as slander, defamation and libel. For instance, if a third party slanders a party to a relationship resulting in a breakup of that relationship, money damages may be awarded for emotional distress. Of course, this analysis is very fact sensitive and there are specific rules
concerning cases for slander which must be considered.
