Tampa divorce attorneys are often asked about this phrase because it is often used on dated websites. In short, it’s an outdated tort, which really doesn’t have a place in modern day divorce and family law matters. In short, this tort require basically three things on behalf of the plaintiff. First, the party had to show wrongful conduct of the defendant, this often took place of some sort of affair or extramarital conduct on behalf of defendant. Secondly, the plaintiff or spouse had to show a loss of consortium. Consortium is a phrase used in all sorts of legal matters that takes on essentially a whole life of its own. Consortium can include affection, companionship, sexual relations, etc. Regardless, the plaintiff still has to show some sort of a loss of consortium or companionship based on that wrongful conduct. Lastly and arguably most importantly, the plaintiff had to show causation between the wrongful conduct and that loss of consortium. Anyone that’s had any sort of experience with personal injury or tort work, knows that often that causation is one of the more difficult factors. Obviously, an alienation of affection claim certainly not the exception. That causation though can be proven up through the testimony of the plaintiff, which it would most often likely be done.
While it’s generally not relevant in modern day divorce law, arguments regarding the misuse or misallocation of marital assets or resources during an affair take the place of this outdated tort. While a party may not receive damages per se like they would in a personal injury action, they will receive or potentially could receive a non-equal distribution relating to this claim. This could occur if a married party took their new girlfriend or boyfriend to Paris with marital assets.
If you’re someone who has questions concerning your Tampa family law case, contact the Tampa Attorneys of Hackworth Law for a free case consultation. We’ll sit down with you and determine an appropriate course of action and strategy to protect your rights and your future from your Tampa divorce case. If you’d like to contact one of our Tampa divorce attorneys immediately, please use the “Contact Us Now” tab in the upper right hand corner of our website. We appreciate you taking the time to check out our Tampa divorce attorney blog and look forward to working with you in the future.