It’s Cheaper to Let Her Husband Keep Her.

Happy Valentine’s Day loyal readers! The High Holy Day for the Secular Cult of Romantic Love is upon us again, and while you’re making yourself sick eating Conversation Hearts, I found this for you to ponder.

The ironically named Sandra Valentine had been married to her husband Johnny for 4 years when she went to work for Mississippi businessman Jerry Fitch, Sr. Seems that one thing led to another, Sandra got pregnant, and Johnny, suspecting things were amiss, demanded a paternity test. It will probably come as no shock that Mrs. Valentine’s “other duties as assigned” extended to Mr. Fitch, and the kid was his. Finding that he had been made a cuckold, Johnny did the only logical a man in his position could do: he sued Jerry Fitch.

Seems that in Mississippi (as well as Hawaii, Illinois, New Mexico, North Carolina, South Dakota, Utah) “alienation of affection” is a valid cause of action. What the heck is alienation of affection, you ask? Westlaw defines it as folllows:

“alienation of affections provides redress for a spouse who has suffered loss and injury to his or her marital relationship against the third party who, through persuasion, enticement, or inducement, caused or contributed to the abandonment of the marriage and/or the loss of affections by active interference.”

A decidedly antiquated notion, the doctrine is related to the tort of conversion and malicious interference. Recognizing a wife as chattel property, intentionally depriving the owner (husband) of the benefit of ownership (children, wifely duties) is a tortitious interference. (Modern interpretations have expanded this to include the “other woman” stealing your man as a cause of action as well.)

The trial court found for Mr. Valentine, and figured the cost to Mr. Fitch for this amour fou was $642,000 in actual damages and $112,000 in punitive damages. The Supreme Court of Mississippi affirmed the decision, and off the case went to the Supreme Court for stay pending the filing and disposition of a petition for a writ of certiorari. Justice Scalia (shocker) denied the request.

So remember, as you’re off tonight, peering into your lover’s eyes that sometimes antiquated laws are vigorously enforced with surreal consequences. So keep your nose clean.

No related posts.