Torts II

Interspousal Immunity

Under the common law, spouses could not sue each other for tort claims.

The majority of states have completely eliminated interspousal immunity for torts.

Other states have limited it in some way.

  • Most do not provide immunity for intentional torts.
  • Some states allow claims for torts that occurred before the marriage.
  • After a divorce, some states allow suits to be brought for claims that arose during the marriage.
  • Some states only allow claims for automobile accidents.
    • This is the most common type of interspousal suit.
    • This can help for insurance reasons.

Even in states where suits are allowed, they are not allowed for any harm. It must be an excessive or gross abuse of normal privilege.