Can I sue my husband for stress and anxiety?

Asked by: Veronica Kunde PhD  |  Last update: May 24, 2025
Score: 4.9/5 (48 votes)

If a spouse's actions, whether through neglect or intentional harm, result in severe mental suffering, it is possible to file emotional distress claims against them.

Can I sue my husband for emotional stress?

However, California law recognizes the seriousness of emotional injuries, even if they lack physical symptoms. “You can't prove it.” Despite its intangibility, you can prove emotional distress in court. You can provide evidence through medical records, journal entries, and expert testimonies.

How much can you get for suing for emotional distress?

Depends on the monetary amount of damages and the proof being offered. To be worthwhile, the claim of emotional stress typically exceeds $10000 in damages claimed. If your state allows for treble damages or punitive damages then you'll easily exceed any monetary limitation placed on small claims actions.

What can a wife sue a husband for?

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.

Is suing for emotional distress worth it?

Intentional infliction of emotional distress claims are often included in lawsuits, but they tend to be among the claims most commonly dismissed early in the process. Unless you also have other stronger claims to pursue or your case is extremely unusual, it's not going to be worthwhile to pursue such a claim.

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24 related questions found

What is proof of emotional distress?

Gathering compelling evidence is fundamental to constructing a robust case for emotional distress. The documentation should encompass a comprehensive range of materials, including medical records, therapy or counseling records, eyewitness testimonies, and expert witness testimony.

Can I sue my husband without divorce?

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.

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 emotional abandonment?

If a spouse's actions, whether through neglect or intentional harm, result in severe mental suffering, it is possible to file emotional distress claims against them.

Do I need a lawyer to sue for emotional distress?

Proving that emotional distress took place can be a difficult legal claim to support. As with any lawsuit, working with an experienced lawyer who can help you collect pertinent evidence is one of the best ways to seek success in your case.

What is psychological anguish?

n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms.

How do you calculate emotional pain and suffering?

It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000.

What is emotional distress in a marriage?

Relative to satisfied couples, spouses in distressed marriages may experience high levels of negative affect, report a general lack of emotional affection, and have difficulty regulating their emotions.

How much can you sue for emotional?

First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.

Can you sue for infidelity?

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.

What is spousal negligence?

Any individual who has sufficient ability to provide for his or her spouse's support, or who is able to earn the means of such spouse's support, who willfully abandons and leaves his or her spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or ...

Can I be forced to pay my spouse's debt?

Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.

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.

What is a silent divorce?

What is Silent Divorce? In a silent divorce, the couple is legally married, but they have lost the emotional bond they once had. Although they live together and appear to have a regular marriage, they live separate lives. The couple typically lives in the same house but has limited to no interaction.

What is the walkaway wife syndrome?

“Walkaway wife syndrome emerges whenever a wife who is emotionally detached and unhappy abruptly breaks off her marriage,” says Holly J. Moore of Moore Family Law Group. “It may seem abrupt to the [partner] but women generally think about divorce for several years before actually leaving.

What is the first thing to do when separating?

The First 5 Things To Do When Separating
  1. Step 1: Select a Divorce Attorney.
  2. Step 2: Determine Grounds For Divorce.
  3. Step 3: Understand State Laws.
  4. Step 4: Financial Assessment.
  5. Step 5: Nurture Your Well-Being.

What is the average payout for PTSD?

The average PTSD settlement amount is often between $10,000 and $100,000. Factors that influence the amount include injury severity, loss of income, how fault is determined, and the impact of injuries on everyday life.