Legal Definitions - marital tort

A marital tort is a type of legal action that involves a tort committed by one spouse against the other. This can be a civil action between spouses or against a third party who interferes in the marital relationship. The tort can be intentional or negligent behavior.

There are two main types of marital torts:

• Torts for Alienation of Affection: This type of tort involves the loss of love, comfort, or companionship of one spouse due to the actions of the other spouse or a third party. The plaintiff seeks compensation for these losses from the spouse or from the third party.
• Criminal Conversation Tort: This type of tort occurs when one spouse engages in an extramarital affair. The plaintiff seeks damages from the third party who engaged in sexual intercourse with their spouse while the marriage was still intact.

For example, in the case of Rodriguez v. Lemus, the plaintiff sued her husband's mistress for alienation of affection. The plaintiff claimed that the mistress had interfered in her marriage and caused her to suffer emotional distress. The court found in favor of the plaintiff and awarded her damages.

This example illustrates how a marital tort can involve a third party interfering in a marriage and causing harm to one of the spouses.