ALIENATION OF AFFECTION: A DISH BEST SERVED COLD
Alienation of affection survives the Mississippi legislature yet again, per Randy Wallace.
Here’s Philip Thomas’s take.
In the 21st century, what is the justification for continuing this cause of action in effect? Don’t the equitable distribution principles take care of this? Doesn’t the tort simply add a distorting feature to the equitable distribution arrangement?
Our family law has been evolving away from the nineteenth-century retribution-based model to today’s equitable relief, based on valuations and equities. This tort just does not fit.
Maybe some day all of our marital-dissolution law, including associated tort law, will move into the 21st century (hopefully before the 22nd century).