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Definition of Alienation of AffectionNoun. The estrangement of one spouse from the other, caused by a third party.OriginCirca 17th century What is Alienation of AffectionAffection is a necessary element of any marriage, and it has been felt throughout history that a third party who instigates an intimate relationship with a married person has wronged the other spouse.

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A great many marital relationships have failed because one spouse had a romantic affair with someone else.Historically, the wronged spouse – having been left or abandoned by the spouse engaging in the affair – had the right to sue the third party, claiming alienation of affection. While the cheating spouse’s lover was the most commonly the target, other people, such as marriage counselors, and clergy, could possibly have been sued for alienation of affection. Elements of Alienation of AffectionWhile most states have abolished – or allowed to fall into disuse – the tort of alienation of affection, the states of Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah still allow suits under this concept. A civil lawsuit based on alienation of affection may be filed by either spouse, and may be made before or after they have separated. There is, however, a on such a claim, which varies by state.There are several elements of alienation of affection that must be proved in order to be successful in an alienation lawsuit. By their very nature, these elements may be difficult to prove.

While most states have done away with an archaic marriage protection tort hearkening back to the days when women were their husband's property, that hasn't stopped a South Dakota federal judge from sending the state's latest 'alienation of affection' case to jury trial.