What is the homewrecker law in Alabama?
Asked by: Theodora Parker III | Last update: October 7, 2025Score: 4.9/5 (43 votes)
The 'Homewrecker' law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.
Is there a homewrecker law in Alabama?
Challenges in Proving a Claim
While Alabama's homewrecker law provides civil recourse for wronged spouses, actually proving an alienation of affections claim at trial and recovering damages is extremely difficult in most cases.
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.
How does adultery affect divorce settlement in Alabama?
Influence on Alimony/Spousal Support
Some judges consider marital misconduct, such as cheating, when determining alimony awards. This means that if one spouse's adulterous behavior directly led to the dissolution of the marriage, the wronged party might receive more favorable terms in spousal support agreements.
What is the law on spousal abandonment in Alabama?
Per Alabama law, you can divorce your spouse for abandonment if he/she both physically and financially abandons the marital home for at least one year before you file a Petition for Divorce.
You Can Sue Your Marriage's Homewrecker in some states
How do you prove spousal abandonment?
In California, it is not necessary to prove spousal abandonment or fault to get a divorce. California is a no-fault state, in which you only need to cite your irreconcilable differences to get a divorce.
Can a spouse kick you out of the house in Alabama?
In Alabama, a spouse cannot be forced to leave the marital home until a court order is obtained. This means that, absent a specific court order—whether a temporary PLR order or an ex parte protection from abuse order—a spouse generally retains the right to stay in the home during the divorce process.
Can you go to jail for cheating on your spouse in Alabama?
Is Adultery a Crime in Alabama? Yes. Under Ala. Code § 13A-13-2, adultery is a Class B misdemeanor.
What happens if you cheat and get a divorce?
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.
What is a wife entitled to in a divorce in Alabama?
Both spouses are entitled to a half-interest in the property because it is owned jointly. Since the divorce is final, one or both of you must file a suit to partition or divide the property, so that it can be sold or distributed without impinging on the other spouse's rights.
Can you get in trouble for being a homewrecker?
In all states that still allow homewrecker suits, spouses may also request punitive damages (a monetary fine to punish defendants for their bad actions). Although criminal conversation and alienation of affection are similar, they require different types of evidence.
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.
Which states are not marital property states?
There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, all of a married couple's property is classified as either community or separate property.
Is cohabitation illegal in Alabama?
However, Alabama is one of the few states that still recognizes common law marriage, which is defined roughly as a union between two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by cohabitation.
Is a house owned before marriage marital property in Alabama?
Separate Property. In all states, everything acquired before marriage is separate property. Anything acquired during the marriage is marital property. It may become marital property through use or gift (transmutation).
Can a wife get alimony in Alabama?
In Alabama, the judge will award rehabilitative alimony to one of the spouses only if all of the following are true: that spouse doesn't have the means to be self-supporting at the same economic level as during the marriage. the other spouse can pay support "without undue hardship," and.
Is Alabama a no-fault divorce state?
Yes, Alabama is a no-fault divorce state.
In a no-fault divorce, the party seeking a divorce does not have to prove that their spouse was at fault for the breakdown of the marriage.
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.
Does a cheating wife get alimony?
Adultery can be taken into account when deciding the amount of alimony to be granted. In some cases, a spouse can be denied alimony if they have committed adultery, or be obligated to provide alimony if they engaged in infidelity. However, adultery alone will not decide the spousal support argument.
Can you sue a homewrecker in Alabama?
The 'Homewrecker' law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.
What is proof of adultery in court in Alabama?
In order to prove adultery there must be actual proof of at least one act of illicit sexual intercourse. In general, Alabama law requires that there be some proof of either an expressed or implied agreement between the two persons that they have committed adultery and that the relationship will continue to some degree.
What states is it illegal to cheat on your husband?
California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.
Why should you never leave your house in a divorce?
The Financial Implications of Moving out of the Marital Home
The court may order you to continue making payments on the house and paying for regular expenses like utilities, even if you no longer live there. This means that you will now be paying for two homes, which can impact your budget during the divorce process.
How long do you have to be married to get half of everything in Alabama?
Equitable distribution in Alabama
Community property states split all marital assets equally in half without regard to how long the marriage lasted or who contributed what to the marriage.
Do I have to live with my spouse during a divorce?
Although couples are not required to live separately to divorce in California, in most cases, living with their soon-to-be ex is too emotionally uncomfortable to consider.