Tort of Intentional Interference (Adultery)

Why a Tort of Intentional Interference?

Married couples owe fidelity to each other. But this statute codifies that the community also has an obligation to respect the vows of fidelity that married couples take. Under normal circumstances, no-one has a right to knowingly have sex with the spouse of another person. The proposed tort of adultery (modeled for Minnesota) acknowledges this obligation and permits an action to protect one of the gravest threat to marriage, that being adultery by a spouse. An updated tort of intentional interference offers a spouse who wishes to protect his or her marriage bond a legal option other than divorce (which imposes costs on the spouse and the family). The existence of this tort, although likely rarely used, will also discourage public displays of (and/or marketing to) adultery that hurt the general welfare of the community. Per the notes and commentary below, polling data confirms that an overwhelming majority of Americans (93%) consider adultery "morally wrong," and adultery continues to be one of the most frequently cited cause for divorce regardless of the grounds for which divorce was sought.

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Model Legislation: Tort of Intentional Interference (Adultery), click here