A Spouse Can Sue a Third Party for Cheating

Updated on September 14, 2012
N.N. asks from Ecorse, MI
22 answers

So I am reading an article which I posted a snipet of it below and it got me to thinking about the fact that a spouse can sue the third party for “alienated” the affections of one spouse from the other. I wish we had that law everywhere! More people would stop and think about getting invovled in someone else's marriage, if it is at the end than wait until the marriage is done! the respect for marriage is so loose these days.

What say you?

Article:
Fantasia went on to fall pregnant again and gave birth to a baby boy, fathered by Antwaun.

In light of Antwaun admitting that he cheated on his wife, his wife is now well within her rights to sue Fantasia for Alienation of Affection. In North Carolina, one spouse can sue a third party if they can reasonably prove that that person “alienated” the affections of one spouse from the other.

In North Carolina, an unnamed wife was jilted by her husband and just last year, a judge ordered that the third party pay her $30 million and in another similar case, a year before that, another jilted spouse was awarded $5.9 million.

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So What Happened?

@ Queen Suz T: Point taken! LOL.....

I like the point that marriage is a contract and the 3rd party has some responsiblity! REMEMBER THE 3RD PARTY IS AWARE OF A MARRIAGE this the spouse has to prove that in court....

My sister whom I have not spoken to in about a year for other reasons invovling our children is dating a married man, now my mother and grandmother who are christians are not making a big deal about this! That urks me! She has received cars, monies and recently a 5 bedroom home from this man and they seem to think that she is moving on up in the world but i see things differently and find myself praying for this man marriage and feel bad for his wife and children.

Now if I was the wife I would want to sue my sister but you guys might be right it would be out of anger.

@ Heather P your point sold me well put. LOL
@ Heather P: No Heather I do not have any specifics only that in one argument between her and i she said to me that I was just mad at her because she had someone else's man doing for her and marriage was a joke and than months later she told my mom that the man was not even married and than this month my mom told me she was moving into a house the man had bought her a ring and was getting a divorce. She knows that she is wrong and that is why she tries to flip flop about what she is doing but I am TRYING to mind my business but she is my sista and I love her.

@ Jo W : I do not have time to make this story up cause I am at work working!

Featured Answers

T.F.

answers from Dallas on

Wow another excuse to sue.

I'm with Suz...

I am sick of everyone suing for anything and everything just to make a buck instead of EARNING their own way.

13 moms found this helpful

R.B.

answers from La Crosse on

when my ex husband cheated on me.. I didn't sue the other woman.. I thanked her for making him her problem now! :)

11 moms found this helpful

More Answers

S.T.

answers from Washington DC on

i friggin' hate it.
i'm so sick of everyone suing everyone else for every little thing. i'm so sick of insurance companies being insinuated into every aspect of our lives because everyone in this country is insanely sue-happy.
when i am queen the madness will stop.
:P
khairete
S.

24 moms found this helpful

J.W.

answers from St. Louis on

That is the dumbest thing I have ever heard of. So then can the third party sue the wife for contributory negligence because she wasn't givin him any?

Sorry but if someone is miserable in a marriage that isn't the fault of the person they cheat with. The ONLY person a party to a marriage contract are the man and wife, if they can't work it out then own their decision to divorce, don't blame a third party.

My ex cheated on me, he made that vow, not anyone he diddled!
___________________________________________________________
Okay, surely I wasn't the only one who thought that was a made up story because of those ridiculous names?!

21 moms found this helpful
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E.T.

answers from Albuquerque on

Maybe it's just me, but I could care less about the third party if there's cheating. My husband is the person who promised to love and cherish me and if he goes outside our marriage, my anger would be directed at him. Some random lady doesn't owe me anything. I think the focus on these "loose women" who steal our husbands does us a disservice. Men only cheat when they WANT to. They're not tricked into it, or lured in. A man makes a decision to ignore his marriage vows. Whether he cheats with Fantasia, Madonna, Snooki, or a goat - it's still on the husband, if you ask me.

10 moms found this helpful

N.G.

answers from Dallas on

I agree with most of the posters here that such a law is just plain silly, and a waste of judicial resources, if you ask me.

My husband vowed to be faithful to me. A "third party" has promised me nothing. If my husband's "affections" have "alienated", then that's on him, and no one else. Why would we want to remove responsibility from where it truly belongs?

8 moms found this helpful
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C.N.

answers from Baton Rouge on

"Alienation of affection" is a crock. Fact is, no one cheats who doesn't want to cheat.
If Antwaun didn't want to cheat, then it would not have mattered what Fantasia said or did - he would have kept his fly shut and walked away.

8 moms found this helpful

M.R.

answers from Detroit on

Omg, I have never heard of something so absurb!!

I dont think its the hoe that ruined the marriage, it would be a cheating husband!

Im seriously laughing!

7 moms found this helpful
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B.G.

answers from Springfield on

If my husband cheated on me I'd be mad at him, not the other woman. The other woman may or may not have known the man was in a relationship. Also, the man does have free will. He can choose to remain faithful. The vows are between the two spouses, not the outside party.

Also, you can sue for just about anything ... doesn't mean you'll win!

7 moms found this helpful
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S.B.

answers from Redding on

A person can sue another person for anything. It doesn't mean they will be able to prove and/or recover any damages.

A court could order a woman to pay me $50 million for cheating with my husband, but seriously? Would I ever likely see a dime of it? Highly doubtful.

No one can force a married person to cheat. The one doing the cheating is the one ultimately responsible.

Revenge may seem sweet, but bitterness can really cost more than it can ever pay off.

Just my opinion.

6 moms found this helpful
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S.B.

answers from Houston on

I am completely on the other side. I say great! The other party should bare some responsibility in the break up of a marriage. Why should they get off scottfree?

I would be very upset and I do believe that if someone messes in my marriage there will be consequences.

6 moms found this helpful
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S.W.

answers from Minneapolis on

And what additional messes would all that create... Divorce can be bad enough without more lawyers making more money off of emotionally hurt people. And what of the children involved? My state has "no fault" divorce, and my ex and I were able to mediate our divorce agreement calmly and rationally. Or daughter is the better for it.

All involved share in the fault of extra-marital affairs, no one is forced.

6 moms found this helpful
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S.T.

answers from Atlanta on

my husband left me for another girl yes a little younger. I wasnt mad at her. I knew what she wanted, she seen that he ran a business, and that he was always getting me items and taking me places. when he left me the first thing he did was take her on vacation. she has 2 kids, so someone thats stable like that is all they want. well since him an i never fought about the divorce she became upset and starting emailing me telling me to hurry up and divorce him. Well he finally figured everything out and became tired of the drama. He came and told me how sorry he was, and that he knew i wouldnt take him back but he was willing to do what ever it took. We have now been back together for a month now. I dont want to sue her, for him walking out on me and his kid. But i would love too have her see us walking in the grocery store holding hands and kissing!!! Kinda like a childesh way of saying YUP I WON....

5 moms found this helpful
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E.W.

answers from Columbus on

I don't know about those amounts - unless the spouse is incredibly rich - but I do view marriage as a contract and as such if you break the contract there should be serious consequences. If you decide to cheat on your spouse your spouse should have the rights to everything after the divorce. People can exhibit self control and divorce first before pursuing a relationship (or one night fling) with someone else. As for the third party, well if it can be proven they knew the person was married, I can see making them lawfully responsible, as well.

5 moms found this helpful

M.D.

answers from Washington DC on

Ah, well my husband cheated on me BEFORE we were married and when I talked to the lady, the stories he told her were insane. But we were at a different place then and have moved on. Still, "other" women are ignorant because in my experience, 90% of the time or more, they fully know the man is married and they just don't care.

Now the man, is a fool too. It takes a special kind of person to do that. It also takes a special kind of person to bounce back from doing something like that. So I don't think people should be able to sue...but I do think I like the public humiliation punishment!

5 moms found this helpful

A.C.

answers from Sarasota on

The last thing we need are more laws governing our personal lives.

5 moms found this helpful

V.K.

answers from Minneapolis on

I just gave my husband permission to cheat on me with some rich chick so that we could sue her for $30 million and then "go to counseling" and get back together. LOL!!!

5 moms found this helpful
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K.P.

answers from Seattle on

I think it's a bit crazy too. Because really, it takes two to cheat. The "3rd party" isn't the only one to blame. In this story the husband is to blame too. If it wasn't that woman he cheated with, it most certainly would have been another.

I dont think suing the other person would make you feel better. It might for some who are just wanting more money maybe But for me, I think it's over the top.
I agree with Sue, I think people are too "Sue Happy" these days, just wanting to get whatever they can from whoever they can.

4 moms found this helpful

L.U.

answers from Seattle on

Just so you know....I believe this is "Fantasia" from American Idol. It was a big deal a few years ago that she was having sex with a married man.
Anyhoo....
I would NOT sue a woman that was cheating with my husband. My husband stood in front of my family promising to love, HONOR, and protect our relationship. She didn't promise a damn thing. She isn't FORCING him at gunpoint to have sex with her. He is making a choice. And, unfortunately for him, that choice will lead to a LOT of drama and a divorce.

3 moms found this helpful

A.M.

answers from Kansas City on

I haven't read any answers. My issue with this is the fact that $30 Million dollars is awarded...and no one can truly pay this amount. If I sued everyone for every wrong doing and they sued me for every wrong doing...we get NO WHERE!

I'm not sure what you're asking us but I don't believe suing someone is the answer to the problem.

ETA: Well put Everly! Well put I agree. It's not the other woman's fault. Whether she knows or not...ultimately it's the husbands/spouse responsibility to keep those vows/promise/commitment.

3 moms found this helpful

J.S.

answers from Jacksonville on

What ever happened to the old, "Let's take this outside?" :) Kidding, kinda.

I wouldn't sue, in fact if my husband ever cheated, I wouldn't want anything to do with either one of them. Let alone facing them in court. I think it would be way more humiliating that it would be worth.

3 moms found this helpful
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C.B.

answers from Detroit on

What say I? I say it would be better to offer proof that that third party knowingly and willingly set out to alienate affections. That's making the husband innocent, when he might be the cheater who instigated the entire thing. How would you feel if the tables were turned and YOU were in her shoes? I can appreciate if the other woman conspired to break up your marriage. But again, you need proof. I say sue the one responsible for the lies. And it is the case that sometimes, the two parties in a marriage are so incompatible that one can't tolerate being around the other and finds solace and peace with someone else. That would shed light in a different way. Maybe the abandoned marital party is just as guilty for making life miserable for another that they strayed. It takes two in many cases.

Yes, it's very easy...maybe too easy...to end a marriage these days. Maybe the law would be better off enforcing pre marital counselling or making a mandatory time before a marriage.

There is no easy answer.

1 mom found this helpful
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