Husband and Wife

Common law put many restrictions on a husband and wife when crimes occurred between them or against the marriage relationship itself. At one time, the courts recognized lawsuits based on HEART BALM ACTS. In such an action, a husband asserted that a monetary recovery would salve the "broken heart" caused by a third party's intrusion into his marriage. The basis for many of these causes of action was that a husband was being denied his rights to the affections and services of his wife; these lawsuits did not extend to a wife.

A husband once had an actionable injury if anyone induced his wife to leave him, under the theory that he was entitled to sue for damages any person who divested him of a servant. Similarly, a husband was able to bring an action for criminal conversation if his wife voluntarily engaged in ADULTERY. The theory was that criminal conversation interferes with a husband's exclusive privilege to obtain sexual services from his wife. The basis of recovery is the public policy in favor of preserving marriage and the family. Alienation of affection is another seldom prosecuted action. In this type of action, a husband must prove that another man won his wife away from him, thereby depriving him of love, comfort, and companionship.

Because of the theories that gave rise to such causes of action, very few jurisdictions recognize lawsuits based on heart balm acts.Yet, even today, TORT LAW retains some special rules for husbands and wives when an outsider causes injury to the marital or family relationship. Consortium is the marital relationship between two people that encompasses their mutual right to support, cooperation, and companionship. An action for loss of consortium is based on the inconvenience of having a debilitated spouse. Husbands and wives have won suits for damages for injuries to their spouse precipitated by such things as MEDICAL MALPRACTICE, automobile accidents, FALSE IMPRISONMENT, and WRONGFUL DEATH.

Under common law, a husband was held responsible for any crimes committed by his wife against a third party. Although a wife had responsibility for crimes she committed, there was a legal presumption that her husband compelled her to perform any act she undertook when he was present. Today, husbands and wives are equally liable for their own criminal actions.