What This Statute Says
Many states once recognized a tort claim for alienation of affections, allowing a jilted spouse to sue a third party for damaging the marital relationship. Arizona has abolished that cause of action. A spouse cannot bring a civil claim against a paramour or other third party for marital interference.
The common law cause of action for alienation of affections is abolished.
A.R.S. § 25-341When This Statute Comes Into Play
This rule applies when:
- A spouse considers suing a third party for the breakdown of the marriage.
- A divorce involves allegations of an extramarital relationship.
- A party from another state attempts to import an alienation claim into Arizona.
What This Means for Arizona Families
The abolition of alienation of affections matters because it focuses Arizona dissolution proceedings on the parties themselves rather than on third-party blame. Estate planning concerns also shift accordingly: there is no civil recovery to anticipate, only the dissolution outcome itself.
If you are pursuing or facing an Arizona dissolution that involves an extramarital relationship, this section means the third party is not a defendant. Our FAQ on how divorce affects your Arizona estate plan covers the parallel estate planning concerns. An Arizona family law attorney working with an estate planning attorney can focus on the dissolution outcome and the updates to the revocable living trust, the will, beneficiary designations, and powers of attorney. The abolition of alienation of affections also matters in pre-marital and post-marital agreements, because those documents can no longer assume any third-party recourse if the marriage ends because of an affair. Updating estate planning documents after dissolution keeps the plan aligned with the legal reality of single status and prevents the former spouse from inheriting through a stale designation.