How to Prove Alienation of Affection in Utah (and Texas)

In Utah, you can still sue a third party for alienation of affection, but not for much longer: Utah S.B. 109 (2026) abolishes the claim effective May 5, 2027. Until then, Utah courts require clear and convincing evidence that the defendant’s conduct was the controlling cause of losing your spouse’s affection. Texas does not allow the claim at all (Texas Family Code 1.107).

If you are thinking about this kind of lawsuit, the timing matters more than anything else on this page. Whether the repeal affects conduct that happened before May 5, 2027, or cases filed before then, has not been confirmed. Please talk with a Utah attorney promptly, before you make any decisions.

Key facts: alienation of affection in Utah and Texas

Is alienation of affection still a valid claim in Utah?

Yes, for now. The Utah Supreme Court has recognized the claim for decades, including in Nelson v. Jacobsen, 669 P.2d 1207, and Norton v. Macfarlane, 818 P.2d 8 (Utah 1991). It is a lawsuit by one spouse against a third party, most often the person a spouse had an affair with, not against your spouse.

In 2026 the Utah Legislature passed S.B. 109, and the Governor signed it on March 23, 2026. The bill enacts new Utah Code 78B-3-1302, which says: “There is no right of action for alienation of affections.” The enrolled bill states that it takes effect on May 5, 2027. You may see a different date elsewhere online; the enrolled bill text is what we rely on.

What if the affair happened before the repeal?

This is the question most people in your position will have, and it does not have a confirmed answer here. We have not verified how the repeal treats conduct that happened before May 5, 2027, or lawsuits already on file when it takes effect. We have also not verified the filing deadline (statute of limitations) for this claim.

Because both of those questions could decide whether you have a case at all, talk with a Utah attorney soon rather than later. Waiting to “see how things go” could cost you options you did not know you had.

What do you have to prove in a Utah alienation of affection case?

Utah’s full list of elements comes from court decisions, and an attorney should walk you through how it applies to your facts. A few points from the Utah Supreme Court are clear, and they explain why these cases are hard to win:

• A demanding standard of proof. Norton v. Macfarlane requires clear and convincing evidence. Suspicion, rumors and a painful gut feeling are not enough.
• The defendant must be the controlling cause. Under Norton, the third party’s conduct must be the “controlling cause” of the lost affection, outweighing “all other causes.” If the marriage was already struggling for other reasons, that matters.
• It can travel with other claims. In Heiner v. Simpson, 2001 UT 39, the court allowed the claim to be pleaded alongside emotional distress claims.

In plain terms, you are telling a story with evidence: your spouse’s affection for you was real, it was lost, and this person’s conduct, more than anything else, is why.

What evidence helps prove alienation of affection?

Because the defendant’s conduct must outweigh every other cause, the strongest cases are built on a clear timeline. Think about evidence in these groups:

• The marriage before: photos, cards, messages between you and your spouse, shared plans such as trips or a home purchase, and people who saw the relationship up close.
• What the third party did: messages, emails, social media activity, gifts, and witnesses who saw the two of them together.
• When things changed: dates showing how your spouse’s behavior shifted after this person became involved.
• Other possible causes: money stress, earlier separations or long-running conflict. The other side will raise these, so be honest about them with your attorney.

One caution: do not break into your spouse’s phone, email or accounts to find proof. Ask an attorney how to gather evidence properly before you go looking, because the way evidence is collected can create problems of its own.

If you are considering a claim, start here

1. Write a timeline now. Dates fade quickly. Note when the relationship began to change and what you saw.
2. Keep what you already have. Save messages, photos and records you lawfully have access to. Do not delete anything.
3. Talk with a Utah attorney promptly. The repeal date and the filing deadline are the first questions to ask.
4. Weigh the cost honestly. Ask about fees, how long a case might take, and how much of your private life would come out.
5. Ask how it fits with your divorce. The lawsuit is against a third party, not your spouse, so ask your attorney how the two would move forward side by side.

Can you sue for alienation of affection in Texas?

No. Texas Family Code 1.107 says: “A right of action by one spouse against a third party for alienation of affection is not authorized in this state.” Section 1.106 also bars the related old claim called criminal conversation.

That does not mean an affair is irrelevant in a Texas divorce. Texas allows a divorce on the fault ground of adultery (Family Code 6.003), as well as on the no-fault ground of insupportability (6.001). Our guide to fault divorces explains how those grounds differ.

How much can you get in an alienation of affection lawsuit?

There is no set amount, and no one can honestly promise you a result. Any award depends on the evidence, the court and the specific facts, and the high standard of proof means that feeling deeply wronged is not, by itself, enough to win.

It also helps to count the costs that do not show up in a verdict. A lawsuit can take a long time, cost a lot in fees, and put private details about your marriage in front of a court. Many people decide, after an honest conversation with an attorney, that finishing the divorce and moving forward is the better use of their energy. Either choice is valid; just make it with clear eyes.

Does an affair affect your divorce in Utah or Texas?

An alienation of affection claim is separate from your divorce. The divorce is between you and your spouse; the alienation claim is against someone else. The affair can still come up in the divorce itself, though.

• Utah: You can divorce on the no-fault ground of irreconcilable differences (Utah Code 81-4-405), and when setting alimony a judge “may consider the fault of the parties” (Utah Code 81-4-502).
• Texas: Adultery is a fault ground (6.003), and insupportability is the no-fault ground (6.001).

For a wider look at how Utah handles divorce, see our overview of Utah divorce laws.

When SimpleEnding fits, and when it does not

SimpleEnding is not a law firm and does not handle alienation of affection lawsuits, so please take the claim itself to a Utah attorney. If you and your spouse agree on the terms of your divorce, our $99 flat-fee service can prepare attorney-quality paperwork for an uncontested divorce in Utah or an uncontested divorce in Texas, separate from any lawsuit.

Frequently Asked Questions

Can you sue the person your spouse cheated with in Utah?

For now, yes. Utah still recognizes alienation of affection, but S.B. 109 (2026) abolishes the claim effective May 5, 2027, so talk with a Utah attorney promptly if you are considering it.

Is alienation of affection still legal in Utah?

Yes, until May 5, 2027, when S.B. 109 takes effect and new Utah Code 78B-3-1302 says there is no right of action for alienation of affections. How the change affects earlier conduct or pending cases has not been confirmed, so ask a Utah attorney.

Can you sue for alienation of affection in Texas?

No. Texas Family Code 1.107 says a right of action by one spouse against a third party for alienation of affection is not authorized in Texas, and section 1.106 bars criminal conversation claims.

What do you have to prove for alienation of affection in Utah?

Utah requires clear and convincing evidence, and the defendant’s conduct must be the controlling cause of the lost affection, outweighing all other causes (Norton v. Macfarlane, 818 P.2d 8 (Utah 1991)). A Utah attorney can explain the full elements for your facts.

How much can you get in an alienation of affection lawsuit?

There is no set amount, and no one can promise a result. Any award depends on the evidence and the court, and the cost of a lawsuit can be significant, so weigh that with an attorney before filing.

What is the deadline to file an alienation of affection claim in Utah?

We have not confirmed the filing deadline for this claim, and the 2027 repeal adds more uncertainty. Talk with a Utah attorney as soon as possible so you do not lose options.

Does adultery affect my divorce settlement?

In Utah, a judge setting alimony may consider the fault of the parties (Utah Code 81-4-502). In Texas, adultery is a fault ground for divorce (Texas Family Code 6.003).