Alienation of affection is about contracts, not property

An "alienation of affection" case has been appealed to the Supreme Court. Though, it's doubtful that the Supreme Court would pick up.

The essence of an alienation of affection case is that a third party who interferes in a marriage, breaking the marriage up, would be responsible to pay damages to the injured party. In this case, Sandra Valentine was married to Johnny Valentine when she had an affair with, and was impregnated by, Jerry Fitch, Sr. Mr. Valentine has sued Mr. Fitch and was awarded $750,000, including $112,000 in punitive damages. Mr. Fitch is only appealing the punitive award, not the actual-damages award.

What bothers me is the factually false statement by the unnamed ABS News author of this story, that these laws treat the adulterous woman in the case as property. This is not the case, nor is this the purpose of the laws.

In the U.S., for better or for worse, we have turned marriage into a legal contract. The essence of alienation of affection laws is that they deal with a third party stepping in and taking action to violate that contract. This really is not so different than if a homeowner has an exclusive contract with a real estate agent and then a second agent comes in to sell his home. The homeowner isn't property in any regards, the item of value is the contract which was broken. The law would require the second agent to compensate the original one and the alienation of affection laws follow this logic.

If a man and a woman are married and a third party steps in to break up the marriage and get involved with one party, it's not the adulterous party who is the item of value; it is the marriage contract. The property lost is not the adulterous spouse but rather the marriage itself.

Love Lost Lawsuit May Hit High Court
Plumber Won $750,000 Under Little used 'Alienation of Affection' Law
ABC News

A messy divorce that set off a bizarre lawsuit pitting a plumber against a Mississippi millionaire could now be headed to the U.S. Supreme Court.

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 hte father.

Johnny filed for divorce and then sued Fitch, claiming "alienation of affection," or, in other words, stealing his wife's love.