Legal Question in Personal Injury in Illinois

Alienation of Affections Actions in Illinois

There�s no recovery in Illinois for the emotional pain caused by alientation of affection. None. Actual damages only.

In the late 1940�s, our Illinois legislature enacted the Alienation of Affections Act. (740 ILCS 5/1, et seq.) The legislature stated that actions for alienation of affections have been subject to grave abuses and have been the instrument of blackmail. To remedy these problems, the legislature limited recovery in these actions to actual damages, prohibited recovery of punitive, exemplary, vindictive or aggravated damages, and left the punishment of those guilty of alienation of affections to the criminal laws.

In determining the damages to be allowed in any action for alienation of affections, none of the following elements shall be considered: the wealth or position of defendant or the defendant's prospects of wealth or position; mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff; defamation or injury to the good name or character of plaintiff or his or her spouse resulting from the alienation of affections complained of; or dishonor to plaintiff's family resulting from the alienation of affections.

So, there�s no recovery for the emotional pain. None. Actual damages only.

Attorney fees and costs of litigation are not available in alienation of affection cases.

Not only have alienation-of-affection actions been limited sharply by statute in Illinois, they also have been subjected to close and strict judicial scrutiny within very narrow limits both in pleading and proof.

The prima facie elements necessary to sustain a cause of action and which must be pleaded and proved are: (a) love and affection of the spouse for the plaintiff; (b) actual damages; and (c) overt acts, conduct or enticement on the part of the defendant causing those affections to depart.

An action for alienation of affection must be commenced within two years of the accrual of the cause of action.

You can sue in small claims court, but the limit on damages is $5,000.

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