{"id":368926,"date":"2022-09-01T14:41:09","date_gmt":"2022-09-01T19:41:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-my-spouse-s-lover-in-any-state.html"},"modified":"2024-01-05T13:38:56","modified_gmt":"2024-01-05T18:38:56","slug":"can-i-sue-my-spouse-s-lover-in-any-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-my-spouse-s-lover-in-any-state.html","title":{"rendered":"Can I Sue My Spouse’s Lover in Any State?"},"content":{"rendered":"\n
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Can I Sue My Spouse's Lover in Any State?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In a handful of states, you actually can sue a spouse’s extramarital affair partner. But these jurisdictions are exceptions. Every other state bans these \u201chomewrecker” or \u201cheart balm” claims, as they are sometimes called.<\/p>\n\n <\/div>\n\n\n\n

Six states allow you to file a lawsuit against a person who had sex during your marriage with your spouse. They also allow you to sue someone who ruined your marriage, whether that person had sex with your spouse or not.<\/p>\n

If you’re going through a divorce, you may have already hired a\u00a0divorce lawyer<\/a>. They may be able to advise you whether it’s in your best interest to try to go after the person who interfered with your marriage.<\/p>\n

Suing for Ruined Marriages<\/h2>\n

Marriage can be an uncomfortable topic. When you get married, you hope it’s forever. You hope you’ll be happy and that your spouse will be faithful. Unfortunately, that’s not always the reality.\u00a0<\/p>\n

If your marriage falls apart, you may feel angry and betrayed. Maybe your spouse had an extramarital affair, and you blame, rightly or wrongly, your spouse’s lover. Maybe you blame someone else (such as your mother-in-law, family members, or a therapist) for persuading your spouse to divorce you. In either case, you may be angry enough to want to sue that person (and probably throttle your ex-husband or ex-wife).<\/p>\n

In a handful of states, you actually can sue.<\/p>\n

Legal Terms for Cheaters and Affairs<\/h2>\n

Let’s start with some terminology that you will see in many older cases and statutes. Older legal texts used gendered terms for marriage-related matters.<\/p>\n

\u201cMistress” is a sexist and archaic term for a woman who has an affair with a married man. \u201cCuckold” is an archaic term for a husband whose wife has had an extramarital affair. Phrases like \u201chusband’s mistress,” “the other woman,” \u201cspouse’s mistress,” and \u201cwife’s lover” are antiquated. And if you encounter the word \u201cparamour,” you are probably reading Shakespeare<\/a>.<\/p>\n

Nowadays, it’s most accurate to speak of spouses and their lovers. Those are the terms we will use here, though people sometimes still use the older terms in casual conversations. No matter the terminology, this topic can still be just as painful.\u00a0<\/p>\n

Where Can You Sue a Spouse’s Lover for Cheating?<\/h2>\n

Today, only six states still allow you to sue a third party for interfering with your marriage:<\/p>\n