can a cheating spouses lover be sued by the wife?

Answer 1

You probably could sue, but it doesn't mean you would win. You would probably need to prove your case and what loss you incurred from it. But why waste the time?

Answer 2

There was, in fact, a case in which a wife sued her husband's lover for alienation of affection. She actually won a settlement of $1 million from her professional adversary. The husband still left the family for this woman, but his wife was well compensated for every bit of pain she suffered. This is a true story that was later aired on the Lifetime channel for women.

I also saw an episode of Judge Judy where a woman won her case when she proved that her husband's ex-girlfriend continued to pursue him, after she knew that he and his wife were trying to work things out.

What you must do is first prove that the woman knew your husband was married. Then, you must establish that you and your husband were happy before she pursued him. If your husband initiated the pursuit, it won't work. She has to be the one who started it.

In the Lifetime story, one of the husband's co-workers testified that when the other woman was hired, she was formally introduced to this guy. She later asked the co-worker if he was married and when she learned that he was, she said she was going to get him, no matter what it took. From then on, she pursued the man until she finally got him.

These things are tricky, so you need to think seriously about it. If you're in a situation where your husband's been cheating, I can understand how you feel. But before you sue the woman, be sure you have concrete evidence and that you understand the rules. Talk to an attorney, if you really want to do this. Best wishes!

Answer 3

The legal term is "alienation of affection." 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. Alienation of affection versus the Law-the wrongful or injurious act of interfering with an affectionate relationship so that one person loses affection for.

In United States law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.

An action for alienation of affection does not require proof of extramarital sex. An alienation claim is difficult to establish because it comprises several elements and there are several defenses. To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts which would foreseeably impact on the marriage. Thus, defendant has a defense against an alienation claim where it can be shown that defendant did not know that the object of his or her affections was in fact married. It is not a defense that the non-innocent spouse consented to defendant’s conduct. But it might be a defense that the defendant was not the active and aggressive seducer. If defendant’s conduct was somehow inadvertent, the plaintiff would be unable to show intentional or malicious action. But prior marital problems do not establish a defense unless such unhappiness had reached a level of negating love between the spouses.

However, only a few states in the United States still allow alienation of affection lawsuits. Alienation is, however, still recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.

Answer 4

Yes. The lover can be sued and end up paying big bucks in some states (though not all states).
It's called "Alienation of Affection"-- 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.

If your state doesn't recognize Alienation of Affection, there's "Intentional Infliction of Emotional Distress". In many states, alienation of affection lawsuits have been substituted by Intentional Infliction of Emotional Distress claims.

Answer 5

Hmmmm...I can see it. Not sure how it'd work out, though, since the lover DID cheat with the spouse. Took two to do it, and he may have even made the first move. Would probably be a huge waste of money.

Or you could just sue 'em both! That'd be fun...

Answer 6

No, lots of the time, the important different cheats for an exceptionally justified reason... the greater I refer to cheaters, the greater I understand that they could have divorced, yet their important different grew to become into egocentric, recommend or valueless... I doubt there is greater effective than one or 2 couples the place certainly one of them cheated that the two have been to not blame. it may well be 60/40, yet the two are frequently accountable.

Answer 7

okay i've looked this up because of wanting to sue a couple of chics my husband has slept with. Anyway it depends on what state you are in. Some states used to have this but have eliminated it. I'd google it and see what states still have it. And hey if you're one of the lucky ones let us all know how it goes.

Answer 8

Happens all the time with rich people. For example, you are cheating with a very wealthy man. His wife finds out and names YOU in the proceedings. Since adultery is grounds for divorce in most states, him cheating and her bringing the cheater into the proceedings usually gets her a bigger settlement.

Answer 9

I should hope so! That would be a good thing to see.

There's way too much infidelity going on and it's about time the 'right' people start paying the consequences for it.

Answer 10

It has been done..I think she sued for lack of consort (the OW caused her to be deprived of sex)