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Committee narrowly advances bill to abolish alienation-of-affection claims, delaying ban until 2027
Summary
First substitute SB 109, which would abolish the common-law cause of action for alienation of affection, passed the committee 6–5 after debate; supporters called the tort archaic and often used as settlement leverage, while opponents said it preserves a fault-based remedy in family disputes.
Senator Weiler presented first substitute SB 109 on Feb. 23, proposing to abolish the civil cause of action for alienation of affection—an older common-law tort that lets a spouse sue a third party alleged to have interfered with a marriage. He said the tort is rarely litigated in Utah but often threatened as leverage in divorce settlements. The sponsor moved the effective ban to May 2027 in the substitute to allow pending claims to be filed.
Supporters, including Representative Loubet and other committee members, described the tort as rooted in medieval notions of spousal property and argued it invites vindictive litigation. Opponents—including Mary Anne Christensen (Utah Legislative Watch) and online commenter Seth Stewart—argued abolishing the cause of action removes a fault-based remedy; Christensen urged a 'no' vote to preserve a way to assign fault in divorce cases.
Committee members debated the tort’s evidentiary bar and whether other civil remedies might remain available. After discussion, Representative Loubet’s substitute motion to favorably recommend first substitute SB 109 passed by roll-call vote 6 to 5; the clerk recorded members' votes and the chair announced the motion passed with Representatives Thompson, Gracious, Hawkins, Auxier, and Acton voting no.
