You caught your spouse red-handed, you have evidence that your spouse is having an affair, and you are certain that the affair is what’s ruining your marriage—can you sue your spouse’s mistress for interfering with your marriage? No. Pennsylvania, like most states, has abolished claims of “alienation of affection.” Prior to 1990, aggrieved spouses were permitted to sue their spouse’s mistress for “alienation of affection,” arguing that the mistress deliberately, wilfully and maliciously stole the affections of their spouse. To prevail on such a claim, you were required to show that the mistress knew of the marriage, and despite that knowledge, the mistress continuously pursued your spouse with the malicious intent to steal his affections.

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