Legal Implications of Marital Infidelity: Exploring Alienation of Affection

In most states today, the process of obtaining a divorce does not require proving any party's fault. This system, known as no-fault divorce, simplifies the end of a marriage without assigning blame. However, questions often arise about the possibility of legal action against a spouse’s lover for disrupting the marriage. This type of legal claim is known as an Alienation of Affection lawsuit.

The concept of Alienation of Affection stems from an old Common Law Tort—essentially a civil claim—originating in old English law, where women were historically considered property. During that era, just as a man could file a lawsuit for the theft of personal property, such as a horse, he could similarly argue for the theft of his wife. In modern times, this action is brought by one spouse against a third party who is believed to have caused harm to the marital relationship, primarily culminating in divorce. Typically, the accused in an alienation of affections case is the lover of the unfaithful spouse. However, others such as family members, counselors, therapists, or clergy who have advised a spouse to pursue a divorce have also occasionally been defendants.

As of 2023, Alienation of Affection claims have been abolished in all but seven states: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. Significantly, Minnesota abolished these claims back in 1978 through statutory provisions found in Minnesota Statutes Sec. 553.01-03. The explicit rationale for disallowing these lawsuits is underscored in the statute, which stipulates:

"Actions based on alleged alienation of affections, criminal conversations, seduction and breach of contract to marry, have been subject to grave abuses, have caused intimidation and harassment, to innocent persons and have resulted in the perpetuation of frauds. It is declared as the public policy of the state that the best interests of the people of the state will be served by the abolition of these causes of action."

Interestingly, South Dakota is among the states that still recognize such claims. A notable case from 2021 involved an alienation of affection lawsuit filed by Gery Baar against Jud Pins. According to news provided by reporter Angela Kennecke, Pins was alleged to have engaged in affairs with Baar’s wife, Denise, over their 17-year marriage, further compounded by asking her to leave her marital home and marry him instead.

The case was eventually settled outside of court. Subsequently, an unusual turn of events occurred when Pins attempted to claim insurance coverage for damages from his insurer, State Farm, arguing that the incident was an “accident.” However, the U.S. Court of Appeals for the 8th Circuit overturned a lower court decision, ruling that the damages his actions potentially caused to Gery Baar could not be considered accidental within the context of insurance coverage.