What can I sue my spouse for?

Asked by: Mr. Casey Legros  |  Last update: November 17, 2025
Score: 4.9/5 (30 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.

What can a husband sue his wife 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.

Can you file a lawsuit against your spouse?

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. Sometimes, one spouse may sue the other for tort or contract actions.

Can I sue my spouse 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 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.

Can I Sue my Spouse?

38 related questions found

How much can you get for an emotional distress lawsuit?

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.

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.

What states are homewrecker laws in?

Have you ever wanted to sue someone you believe broke up your marriage -- a "homewrecker?" Well, in six states -- Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah -- you can. In those six states, the "Alienation of Affection" claim is an option.

Is it worth suing for alienation of affection?

The only time it is beneficial to sue for alienation of affection is if divorce, due to an affair, leaves you financially damaged and you need the courts to award you monies to help you survive after the divorce.

Can you sue your spouse for defamation?

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

Is it worth suing someone with no money?

Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.

Will a collection agency sue for $5000?

Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.

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.

How does suing for emotional distress work?

In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.

Can I sue my wife for spending my money?

In a California divorce case, one spouse can run into problems if they use marital funds to pay for purely personal expenses and debts. The other spouse can argue this was an intentional waste or “dissipation” of community property.

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 you sue for infidelity?

Filing an alienation of affection lawsuit requires proof that your marriage was a happy and loving one and that the third party intentionally destroyed your marriage. Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them.

Can a wife sue her husband for emotional distress?

In conclusion, while it is possible to sue your spouse for emotional distress in some cases, it is important to consider the complexities of such legal actions and the potential impact on the relationship.

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").

What states is it a felony to cheat on your spouse?

Today, adultery laws are mostly found in the conservative southern states. In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.

What states are no fault marriage states?

In the States of Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Illinois, Iowa, Indiana, Hawaii, Florida, Colorado and California, a person seeking a divorce is not permitted to allege a fault-based ground (e.g. adultery, abandonment or cruelty).

What states allow you to sue for alienation of affection?

Sutton, 422 SE 2d 750 (1992), abolishing the heart balm action for alienation of affection.
  • Hawaii. In Hawaii, the plaintiff has to prove his spouse did not seek the defendant, and has to show a lack of any marital fault.
  • Mississippi. ...
  • New Mexico. ...
  • North Carolina. ...
  • South Dakota. ...
  • Utah.

What is PTSD in marriage?

Relationship PTSD is a proposed category that describes trauma caused by abusive intimate relationships. While it's common for people to push away their feelings or avoid thinking about their trauma, people with relationship post-traumatic stress disorder tend to revisit their trauma over and over again.

What is spousal neglect?

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 ...

What is marital hardship?

Other difficulties reported by distressed couples include specific problem topics, such as money management, jealousy, conflicts over values, and problems with in-laws. Other spouses become distressed when confronted with negative life events, such as the death of a family member or a serious illness.