MS Husband Can Sue Ex-Wife’s Paramour for Alienation of Affection

Mississippi case summary on alienation of affection.

William B. Dew v. P. Shawn Harris

Mississippi is one of only six states to still recognize the tort of alienation of affection.  The other five are Hawaii, New Mexico, North Carolina, South Dakota, and Utah.

The plaintiff in this Scott County, Mississippi, action was married for over twenty years, and he and his wife had three children before their 2019 divorce.  After the divorce was final, the plaintiff sued the defendant, his ex-wife’s paramour.  He alleged that they had been carrying on a sexual relationship.  He alleged that the marriage was happy until the defendant came along, and that as a result of the defendant’s actions, he lost the love and affection of his wife.  He thus sued for alienation of affections.

Mississippi is one of only six states to still recognize the tort of alienation of affection.  The other five are Hawaii, New Mexico, North Carolina, South Dakota, and Utah.

Under Mississippi law, in order to prove alienation of affection, the plaintiff must prove three things.  There must be wrongful conduct by the defendant, and loss of affection or consortium.  But the third element is what gave the plaintiff problems in this case.  In order to be successful, the plaintiff must also show that the is a causal connection between the conduct and the plaintiff’s loss.  In this case, the defendant argued that the plaintiff was unable to prove causation, and he moved for summary judgment.

In support of his motion, the defendant included affidavits from the ex-wife and her children, the youngest of whom was then 14 years old.  The wife testified in her affidavit that the marriage was dead in 2012, and that she remained in the marriage only because of the children.  She also asserted that neither had said “I love you” since 2012, nor had they engaged in sex since that time.

The children’s affidavits stated that the parents lived in separate bedrooms, and that they hadn’t seen the parents kiss or have other affectionate or loving contact.

The plaintiff, on the other hand, introduced evidence tending to show that the marriage was healthy as recently as 2019.  He asserted that the two had sex, that they went on two cruises together, and other examples of love and affection.  He also provided texts between the two discussing whether they had sex on the cruise.

After the wife filed for divorce, the plaintiff sent her an e-mail suggesting counselling, and she agreed.  The plaintiff also introduced affidavits of friends stating that the couple appeared to be happy and loving.  He also provided photographs of the family appearing to be a happy family.

The trial court, Judge Brian Kennedy Burns, ruled in favor of the defendant and dismissed the case.  The plaintiff then appealed to the Mississippi Court of Appeals.

The appeals court first noted that the case presented a “classic split of testimony,” which would make summary judgment inappropriate.  Therefore, there was a genuine issue of material fact, since the competing versions of the story needed to be sorted out.

For these reasons, the Court of Appeals reversed the judgment and remanded the case to the Circuit Court.

No. 2020-CA-01261-COA (Miss. Ct. App. Mar. 1, 2022).

MS husband can sue ex-wife’s paramour for alienation of affection.

See original opinion for exact language.  Legal citations omitted.