Can I file a lawsuit against my ex-wife’s former employer as she was having multiple sexual affairs with her direct supervisors?

My wife of 18 years had multiple affairs with 2 of her direct supervisors at a government agency. She then left the marriage with our 3 minor children. We have since divorced and I pay a huge amount of child support. Now she is marrying one of the people with whom she had an affair and has totally broken off all communication with me and my children and put me financial ruin.

Asked on October 5, 2019 under Family Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot.
1) First, you can't sue *anyone* for having an affair with your wife: in your state (and all but a small handful of states) that is not against the law, there is no cause of action for it, and your wife, as a competent adult, can legally decide with whom to have relations.
 
2) An employer is only liable for the actions of its staff (like those supervisors) which are part of their jobs. Having an extramarital affair is not part of those supervisors' jobs and is not what they are hired or expected to do; therefore, even if you were in a state where you could sue the supervisors themselves, you could not sue their employer.


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