Can a married woman sue her husband?

Asked by: Dr. Anya Sporer  |  Last update: January 14, 2026
Score: 4.9/5 (74 votes)

Spouses can sue one another for anything for which non-spouses can sue one another. This includes a lawsuit for breach of contract or a tort action. The defense of interspousal immunity is no longer available. Today, spouses have the same rights to sue each other as non-spouses.

Can you sue your spouse while married?

You cannot sue a current spouse, basically. So any claims would have to be done after divorce.

Can a woman sue her husband for cheating?

Some states allow spouses to sue for damages caused by infidelity, like alienation of affection or emotional distress. However, many states have ``no-fault'' divorce laws, which means infidelity may not directly impact the divorce proceedings or financial settlements.

Can I sue my husband for money?

Yes, you can sue your spouse for theft, forgery, or fraud. If the amount of money involved is significant and the actions meet the legal definitions of these crimes, it could indeed be considered a criminal matter.

Can I get sued for being with a married man?

A few jurisdictions recognize a legal claim called “alienation of affection.” This claim allows a spouse to sue a third party (such as a paramour) for alienating their spouse's affections, damaging the marital relationship. However, this cause of action is not widely recognized and is limited to a few jurisdictions.

Can a wife sue her husband for rape? #spousalrape

28 related questions found

Can I sue my husband after divorce?

Exceptions: Sometimes Civil Actions Between Spouses (or Ex-Spouses) are Proper. Not all disputes between spouses need to be handled in family court. California does not recognize interspousal immunity, meaning spouses can file civil lawsuits, such as tort or contract actions, against each other.

Can a husband sue his wife's lover?

If your wife cheated on you, you may not have grounds to file a lawsuit against her or her lover unless physical violence or other dangerous circumstances resulted from the affair.

Can I sue the other man for destroying my marriage?

Depending on where you live, you might have the option of suing for "criminal conversation" or "alienation of affection." Both of these causes of action are civil lawsuits (known as "marital torts") filed by the aggrieved spouse (the "plaintiff") against the alleged homewrecker (the "defendant").

Can wife take husband money without permission?

But if he's strict about where she's spending the money, and wants her to ask his permission before she spends anywhere, then she must obey him in that and she cannot take any money from that amount. 🍃 The Prophet ﷺ said: “A woman should not spend anything from her husband's household except with his permission.”

Can a husband keep money from his wife?

Withholding access to marital funds without cause may constitute financial abuse. This can be considered illegal, especially when used for control or punishment.

Can I sue the man that slept with my wife?

Criminal conversation is a tort that lets you sue someone who had sex with your spouse during your marriage. To show criminal conversation, you must prove the following elements: You were in a valid marriage with your spouse. The party you are suing (called the “defendant") had sex with your spouse during your marriage.

Does wife get half in divorce if she cheated?

Does Cheating Affect a Divorce Settlement in California? As a community property state, cheating has very little impact on a divorce settlement in California. All assets and property that were obtained during the marriage will be divided evenly between the spouses.

How do I prove my husband is cheating?

Provide evidence.

Using photos, sexting dialogue on your spouse's phone, credit card statements with mysterious charges, hidden email accounts, or dating apps on their phone to hook up with others, you can prove the affair.

Is adultery a crime?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

Can I sue my husband for leaving me?

Yes, You Can Sue Someone for Breaking Up a Marriage—Here's What You Need to Know. It's called alienation of affection.

Am I responsible if my spouse gets sued?

Assets in both parties' name are fair game. So, if you and your spouse hold a joint bank account or are co-owners of a car, boat, or home, a plaintiff pursuing payment on a legal judgment against your spouse may also pursue co-owned assets by you. This also applies if you hold a joint insurance policy with your spouse.

Can I sue my husband for not giving me money?

Generally, money earned during a marriage by either spouse is considered joint, marital property and so in the majority of circumstances, one spouse can't really “owe” the other spouse money that s/he took or used during the marriage.

Can a wife spend money without her husband's permission?

The Prophet (peace and blessings of Allaah be upon him) said: It is not permissible for a woman [to dispose of] her wealth without the permission of her husband.

How do I protect my money from my husband?

Strategies for Hiding Money
  1. Ask for small amounts of cash back when paying with a check or debit card. ...
  2. Open a safe deposit box in only your name. ...
  3. Pay back a fake loan from a family or friend. ...
  4. Buy property that can be returned. ...
  5. Buy prepaid debit cards and gift cards—but make sure they won't expire or get lost.

Can a wife sue her husband?

The rationale behind this was the belief that lawsuits among family members would destroy relationships. In 1994, this doctrine was abolished, allowing spouses to sue each other for things like battery, negligence, fraud, and intentional infliction of emotional distress.

Can I sue my husband for cheating?

The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.

Can I sue the person who broke up my marriage?

You've filed for divorce. Wouldn't it be nice if you could sue her for breaking up your marriage? You could if you lived in Utah, Hawaii, New Mexico, North Carolina, South Dakota, or Mississippi. That's right—these six states still recognize an antiquated law known as alienation of affection.

What are my rights if my husband cheated on me?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

Can a wife sue her husband for defamation?

It is possible to file a lawsuit against a spouse for defamation during a family law case in California.

Can I sue on behalf of my husband?

Determining Qualifications for Personal Representatives

When a family member is injured or killed due to someone else's actions, a lawsuit can be filed on their behalf. To file the lawsuit, someone needs to be appointed as the personal representative of the injured or deceased person.