Can my wife sue the woman I live with?

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Can my wife sue the woman I live with?

I have been married for 18 years; the marriage went south 4 years ago. I am now looking to move out of our house. We are not legally separated and have not filed for divorce yet. My wife and I verbally agreed almost 2 years ago it’s OK to date other people. If I move in with the woman I’ve been dating for the past 9 months, would my wife have any case to sue this woman for any of her financial assets or property?

Asked on October 1, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that what you are worried about is what is known as a lawsuit based upon Alienation of Affection as a cause of action.   The state of New Jersey enacted legislation to abolish the right to bring an alienation of affection lawsuit.  So there could not be a lawsuit against her dealing with your relationship in this sense.   But really, I think that it is time that you took steps to legalize the separation between you and your wife, even if to just file for divorce to stop the marital time clock ticking, as they say.  Do things in the order that they were meant and start fresh with your new beau.  Good luck to you.


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