ABC News has this interesting report about a man who was required to pay $ 750,000 in damages for having an affair with a married woman:
A Mississippi millionaire must pay $750,000 to the man whose wife he stole away, after the U.S. Supreme Court declined to hear the case.
Sandra Valentine had been married to plumber Johnny Valentine for four years when she began working for Holly Springs, Miss., businessman Jerry Fitch Sr.
Within a year, Sandra and Fitch, who was also married, began an affair. When Sandra got pregnant, Johnny, who suspected she was cheating, ordered a paternity test, which showed he was not the father.
Johnny filed for divorce and then sued Fitch, claiming “alienation of affection,” or, in other words, stealing his wife’s love.
Johnny won more than $750,000 in state court, and the verdict was upheld by the state Supreme Court. Monday, the U.S. Supreme Court declined to hear the case, ending Fitch’s appeal.
Alienation of affection is an old cause of action, dating back to the 19th Century and based on the idea that a wife is her husband’s property:
At common 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.
At one time, nearly every state in the country allowed a claim like this to proceed. Today, only seven states allow such a claim. Unfortunately for the Defendant in this case, Mississippi is one of them.
Frankly, in today’s day and age, it seems like an incredibly outdated law that needs to be repealed.
January 9th, 2008 at 10:40 pm
Half of all marriages end in divorce. Perhaps, if this “outdated” law were enforced more, maybe people will make better judgments about whom they will marry and if they will simply give up on their marriage; seems to me that adultery would be a whole lot less tempting if it would cost 3/4 of a million.
January 10th, 2008 at 1:35 pm
It seems to me that Mr. Valentine’s complaint would be filed more properly against his wife than against Mr. Fitch. She’s the one who breached their marriage contract.