contract-law marriage divorce settlement
Why isn&#39;t infidelity considered a tort during divorce settlements?
<p>I've always had the impression that the law is there to be fair and protect a disadvantaged party.</p>
<p>Let's say a partner in a marriage falls in love with someone else and divorces their current spouse. They and their new partner get the house, all children, and child support payments.</p>
<p>The poor ex loses everything: spouse, children, house, and now has to pay child support (which can be 50% of their income) to their ex.</p>
<p>In what world is this fair? Can someone explain to me why &quot;no-fault&quot; divorce is the de-facto law? why isn't infidelity considered a tort during divorce settlements?</p>

<p><a href="https://abcnews.go.com/US/break-marriage-states-owe-money/story?id=66032644" rel="nofollow noreferrer">Apparently</a> &quot;alienation of affection&quot; is still a tort in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah.</p>
<p>The assumption originally behind alienation of affection this is that one spouse (most usually the wife) <em>belongs</em> to the other and a third party stole them from the other (husband). This is now archaic, sexist, thinking that attributes no free-will agency to the spouse and treats her as property.</p>
<p>Most states have no-fault divorce because the modern view is that if anyone decides they do not want not be married the state does not have an interest in the reasons.</p>
