The wife of a man who cheated on her with another woman has settled the alienation of affection case against her husband's girlfriend for $25,000. Debbie Newton Bivins married Kirk Randall Bivins in 1993 and the couple separated in December 2008.
A bill that would shorten the statute of limitations and limit recovery from a business in alienation of affection suits in North Carolina has been passed by the state legislature and is waiting on a signature from the governor, reports the Insurance Journal. Alienation of affection lawsuits, where a jilted spouse brings a cause of action for damages against a former partner's new lover, are allowed in only a handful of states, such as Illinois and North Carolina.
A wronged wife will have to go back to bankruptcy court to try to collect a $50,000 alienation of affection judgment she won against the other woman six years ago, according to a decision handed down last week by the 8th U.S. Circuit Bankruptcy Appellate Panel. Gail Osborne won the judgment in July 1999, but last March, Cynthia M. Stage filed for Chapter 7 bankruptcy in the Eastern District of Missouri. During the bankruptcy proceedings, Osborne argued Stage could not discharge the debt owed to Osborne under 11 U.S.C. Section 523(a)(6), which states in part: A discharge . . . does not discharge an individual debtor from any debt . . . for willful and malicious injury by the debtor to another entity or the property of another entity.
A wife has won $9 million against her husband's alleged mistress in a record-setting alienation of affection verdict in North Carolina. Cynthia Shackelford, now 60, became suspicious of her husband after a series of late nights at the office and suspicious cell phone and credit card bills. She hired a private investigator who discovered that her husband, Allan, was cheating on her. The couple separated in 2005.
A husband has filed suit against the man his wife had an affair with, alleging alienation of affection, the Chicago Sun-Times reports. Bob Rohrman, a well-known local auto salesman, filed suit against a plastic surgeon he says stole his wife's affections.
While North Carolina remains one of the few states that still allows alienation of affection claims, a new law recently took effect limiting the time period for the suits. Under the new law, a party may not file suit if an affair takes place after the married couple has separated; before, one spouse could sue the third party for an affair no matter when it took place.
Evidence of a defendant's other extramarital affairs is inadmissible in an alienation of affection suit against her, the 8th Circuit has ruled. A husband had an extramarital affair with a co-worker. When his wife found out, the couple divorced.
A wife's alienation of affection claim against her ex-husband's girlfriend was discharged in the defendant's bankruptcy action - despite the Bankruptcy Code's exemption from discharge for willful torts, the Illinois Appellate Court has ruled. After her divorce, a wife filed suit against the girlfriend, alleging that the woman engaged in a course of conduct intended to alienate the affections of the husband from his wife. The wife claimed that the defendant pursued and seduced her husband until she destroyed the martial relationship. During discovery, the wife introduced a letter from the defendant that said she "never intentionally wanted any of this to happen.
The insurer for a man who initiated an affair with a married woman had no duty to defend him against her husband's claim for alienation of affection, the South Dakota Supreme Court has ruled. The insured was a surgeon who began an affair with his married clinic manager. Her husband filed for divorce when he learned of the affair and sued the insured for alienation of his wife's affection.
A Mississippi woman could not explain away 107 cell phone calls to a married man when she tried to set aside an $88,000 jury verdict against her in an alienation-of-affection lawsuit. Alienation of affection as a cause of action is a relic of the past in most states. Of the seven states that still recognize the tort, only in North Carolina and Mississippi do you see the victims of extramarital affairs pursuing such claims with any frequency.
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