ALBUQUERQUE, NEW MEXICO – The New Mexico Supreme Court has issued a unanimous decision abolishing lawsuits known as “alienation of affections,” ending a legal claim that allowed spouses to seek damages from a third party accused of damaging a marriage.
The ruling, issued Monday, overturns a legal precedent that dates back more than a century. The Court struck down its own 1923 decision in Birchfield v. Birchfield, which first recognized alienation of affections as a civil tort in New Mexico.
Alienation of affections claims allowed a spouse to sue someone outside the marriage for allegedly causing the loss of love or affection from their partner. New Mexico had been among only a handful of states where such lawsuits were still recognized.
In its opinion, written by Chief Justice David K. Thomson, the Court concluded the legal theory no longer aligns with modern law or social standards. Justices pointed to changes in family law, including the state’s adoption of no‑fault divorce in 1973, which allows marriages to be dissolved without assigning blame.
The case stemmed from a lawsuit filed by a Colorado man who accused a Taos County resident of contributing to the breakdown of his marriage following an extramarital relationship. A lower court allowed the lawsuit to proceed, prompting the case to reach the state’s highest court after legal questions were raised over whether alienation of affections claims should continue to exist.
The Supreme Court ruled that dissolution of marriage and related remedies, such as alimony, are the appropriate legal avenues for addressing the breakdown of marital relationships, rather than civil lawsuits against third parties.
With Monday’s decision, alienation of affections claims are no longer recognized under New Mexico law.
