Local auto magnate Bob Rohrman filed an Alienation of Affection lawsuit against a plastic surgeon who was having an affair with his then wife, Rhonda. Rohrman, known for his signature advertisements, decided to seek an alienation of affections lawsuit against the amorously inclined surgeon in order to recover for expenses he spent while investigating his wife’s actions.
Few Chicago litigation attorneys are aware that Illinois is one of eight states that allows for Alienation of Affection lawsuits. Alienation of Affections lawsuits are rare and they are difficult to establish because it is comprised of many elements and the defense has many avenues to challenge each element and the overall claim. However, a plaintiff does not need to establish tawdry details such as proof or extramarital sex to establish a claim.
Few Chicago litigation attorneys are aware that Illinois is one of eight states that allows for Alienation of Affection lawsuits. Alienation of Affections lawsuits are rare and they are difficult to establish because it is comprised of many elements and the defense has many avenues to challenge each element and the overall claim. However, a plaintiff does not need to establish tawdry details such as proof or extramarital sex to establish a claim.
The elements of an alienation claim are (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. Often, proof of expenses related to the alienation is necessary for receiving more than nominal damages.
Intent to destroy a marriage is not an element. A plaintiff need only show that the actions of the defendant were intentional and that they should have reasonably foreseen that these actions would negatively impact the marriage. Thus, a common defense to alienation of affection suits typically involve a lack of knowledge that the spouse was in fact married or a lack of intent to amorously engage with the spouse at all. This can involve willful blindness or allegations that the interloper was not an active or aggressive suitor. It is not a defense that the non-innocent spouse consented to defendant’s conduct. Prior marital problems only work as a defense if the marital issues can be shown to negate any love between the spouses.
Plastic surgeons beware.
For additional details: The Indy Star
Intent to destroy a marriage is not an element. A plaintiff need only show that the actions of the defendant were intentional and that they should have reasonably foreseen that these actions would negatively impact the marriage. Thus, a common defense to alienation of affection suits typically involve a lack of knowledge that the spouse was in fact married or a lack of intent to amorously engage with the spouse at all. This can involve willful blindness or allegations that the interloper was not an active or aggressive suitor. It is not a defense that the non-innocent spouse consented to defendant’s conduct. Prior marital problems only work as a defense if the marital issues can be shown to negate any love between the spouses.
Plastic surgeons beware.
For additional details: The Indy Star
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