Many people are surprised to learn that “alienation of affection” lawsuits still exist in some states. These cases allow a spouse to sue a third party who allegedly interfered with their marriage.
In Utah, however, lawmakers have been working to eliminate this type of claim. Senate Bill 109 (S.B. 109) addresses whether alienation of affection and similar lawsuits should continue to exist under Utah law.
Understanding what this legislation does and how it may affect divorce-related disputes can help people better navigate the legal landscape surrounding marriage and divorce. If you have questions about divorce or related claims in Utah, you can speak with our Salt Lake City divorce lawyer.
What Is Alienation of Affection?
Alienation of affection is sometimes referred to as a “heart balm” lawsuit. In these cases, one spouse claims that a third party (often someone involved in an affair) intentionally interfered with the marriage and caused it to fail.
Historically, these lawsuits allowed a spouse to seek financial damages from the person accused of damaging the marital relationship.
To succeed in an alienation of affection claim, a plaintiff typically had to prove:
- a loving marital relationship existed
- a third party intentionally interfered with that relationship
- the interference caused the loss of affection between spouses
These claims were far more common in earlier eras but have become increasingly rare in modern law.
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Why Many States Eliminated These Lawsuits
Over time, many states have abolished alienation of affection claims.
Lawmakers and courts have often raised concerns that these lawsuits can:
- intensify conflict during divorce
- involve intrusive investigations into private relationships
- encourage litigation against third parties rather than focusing on resolving the divorce itself
As a result, most states have eliminated these causes of action through legislation or court decisions.
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What S.B. 109 Addresses in Utah
Utah’s S.B. 109 addresses whether alienation of affection claims should remain part of the state’s legal system.
The legislation aims to abolish these types of lawsuits, preventing individuals from filing claims based on alleged interference with a marital relationship.
In practical terms, this means that if the bill takes effect as intended, individuals would no longer be able to sue a third party for allegedly causing a marriage to fail. Instead, disputes arising from the breakdown of a marriage would be handled through the divorce process itself.
Why the Law Is Changing
Supporters of eliminating alienation of affection claims argue that the law reflects a modern understanding of marriage and divorce.
Rather than assigning blame to outside individuals, the legal system focuses on resolving issues between spouses, such as:
- property division
- child custody
- alimony
- financial support
These are the matters courts are best equipped to address.
Removing alienation of affection claims can also help reduce litigation that may complicate or prolong divorce proceedings.
How This Affects Divorce Cases
For individuals going through divorce in Utah, the abolition of alienation of affection claims generally means that divorce disputes remain focused on family law issues rather than third–party lawsuits.
Utah divorce courts typically concentrate on:
- fairly dividing marital property
- determining custody and parent-time arrangements
- addressing financial support obligations
Even when infidelity is involved, the court’s role is not to punish a third party but to resolve the legal issues between the spouses.
This approach often leads to a more structured and efficient legal process.
The Bigger Picture in Family Law
Family law has gradually shifted away from assigning blame and toward resolving practical issues that affect families after separation.
Modern divorce proceedings are designed to address questions such as:
- how assets and debts should be divided
- how parents will share responsibilities for their children
- how financial support should be structured
By focusing on these issues, courts aim to create outcomes that allow families to move forward.
Speak With a Utah Divorce Attorney
Changes in the law can affect how certain claims are handled during divorce or related disputes.
If you are navigating a divorce or have questions about how Utah law applies to your situation, speaking with an experienced attorney can provide clarity.
To learn more about your options, contact Brown Family Law to schedule a consultation with a Utah family law attorney.
