Can one spouse still sue another for “alienation of affection”?
Before 1978, Ohio allowed two types of lawsuits that flowed from the mutual obligation of fidelity in marriage: “alienation of affection” and “criminal conversation.” In an alienation of affection lawsuit, an aggrieved husband, for example, would sue his wife’s lover for wrongfully and intentionally causing his wife to lose her affection for him. To win such a lawsuit, the husband had to prove that the intruder intentionally injected himself between the husband and his wife and wrongfully destroyed the relationship, the love, and affection. Where there was no existing love and affection, or where the spouse was actually the aggressor, the offended spouse would not win. In a criminal conversation suit, adultery was the key element. The aggrieved husband, for example, would sue his wife’s lover for violating his exclusive right to sexual relations. In a criminal conversation suit, it was not necessary to show any alienation of affection; the suit was simply for damages for violating the
