Alienation of Affection
Many states have abolished the tort of alienation of affection. However, Mississippi is one of the six (6) states that still recognize the value of the marriage relationship, and has refused to abolish this traditional avenue of relief for aggrieved spouses. Many simply do not realize that they do have legal recourse against the one responsible for ruining their marital relationship. Whether you are bringing a claim or defending one, our attorneys have many years of experience in handling both sides of these cases. The Mississippi Supreme Court has rendered reported opinions in approximately fifteen alienation of affection cases, and attorneys from Malouf & Malouf have served as lead counsel in several of the reported cases. Additionally, our attorneys have successfully brought and defended numerous alienation of affection cases on the trial court level, and have also been successful at settling these type of cases .
In typical cases, an aggrieved former-spouse brings a claim for damages against their ex-spouse’s paramour. Mississippi courts have awarded monetary damages for loss of love and affection, attorney’s fees, and other expenses caused by the wrongful conduct of the paramour. To prevail on claims for alienation of affection, one must prove, (1) the wrongful conduct of the defendant, (2) the loss of the spouse’s affection, and (3) that the wrongful conduct caused the loss of the spouse’s affection. Mississippi courts do not require that you prove adultery to succeed; however, proof of adultery could potentially increase your award as adultery is a presumption of malice which entitles a Plaintiff to punitive damages in addition to compensatory damages. Contact our attorneys if you feel that you have a claim for alienation of affection or you have been served with a lawsuit alleging alienation of affection. We will be happy to discuss your case with you.