Legal Question in Civil Litigation in Massachusetts

Infidelity = Loss of Consortium?

I caught my husband of 23 years in an affair. While a friend advised me that alientation of affectation is no longer valid in most states, wouldn't I be able to go after his mistress for loss of consortium or intenational/negligent infliction of emotional distress? Seems pretty clear cut to me and my sons. Do these type of suits ever come to trial? How much could I get?


Asked on 3/05/09, 12:15 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Infidelity = Loss of Consortium?

Nothing. Zero.

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Answered on 3/09/09, 11:04 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Infidelity = Loss of Consortium?

No action lies in Massachusetts for this outmoded tort claim. Your remedy is to seek a divorce, and to have a competent attorney guide you as to what claims of alimony and property division are appropriate under Massachusetts law. Your remedy for the pain of betrayal is found in a counselor's office, not the modern court system.

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Answered on 3/05/09, 1:57 pm


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