Alienation of affection in ohio

Asked about 4 years ago - Cleveland, OH

i know that there is not an alienation of affection law in ohio, but is there some recourse that the injured spouse can take against the individual that is outside the marriage that continues to have a sexual relationship with the spouse? even if it is not criminal, but possibly civil.

Attorney answers (3)

  1. Paul Michael Kocsis

    Contributor Level 15


    Lawyer agrees


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    Answered . There is no civil liablity that you can claim against your spouse's paramour. I believe there are only three states that still have such laws on the books, all in the south, and not sure how often such suits even come up.

    If you file for divorce, there are arguments you can use against your spouse for a larger share of assets but nothing against a third party.

  2. Christopher Joseph Tamms

    Contributor Level 16

    Answered . Alienation of affection statutes are reminants of a era where women were considered property. If your spouse is sleeping around it is primarily your spouse's fault. No one forces someone to cheat. File for divorce on grounds of adultery and move on.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . About 25 year ago in Ohio, all alienation of affection suits were abolished by General Laws c. 207, Section 47B.

    A dismissal motion will be filed in any lawsuit you bring that trys to seek damages for alienation of affection.

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