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Senate moves to abolish 'alienation of affection' claim, sets delayed repeal date
Summary
First Substitute SB109, which would stop courts from recognizing common-law alienation-of-affection claims, moved forward after sponsor described the cause of action as archaic and said implementation is delayed to May 5, 2027 to allow a transition period.
The Utah Senate advanced legislation to bar recognition of the common-law tort known as alienation of affection, with sponsor Senator Wyler arguing the claim is anachronistic and rooted in outdated views of married persons as property.
Wyler said Utah is one of about six states that still allows such lawsuits and called the doctrine "patently offensive" and a product of medieval legal thinking. He told the Senate he had heard widespread support from the bar to ban the claim but acknowledged timing concerns, so he amended the bill to delay implementation until May 5, 2027, to give the public and practitioners time to adjust.
"Utah is 1 of only about 6 states in the country that still allows, you to sue someone, if they've had an affair, basically, with your spouse," Wyler said. He described the cause of action as a legal vestige tied to treating women as chattel and said judges commonly dismiss such claims.
Senator Wyler moved that First Substitute SB109 be read a third time. The Senate recorded 25 yea votes and 1 nay; the first substitute was ordered to be read a third time.
What happens next: The measure will proceed through the Senate’s third-reading process and to the House for further consideration and any amendments. The bill includes a delayed effective date to minimize disruption for pending matters and to provide notice to practitioners.
