Can I Sue My Spouse?

By David P. Badanes, Esq.

In New York, there are certain situations where you can sue (bring a lawsuit against) your spouse. I present the three most common questions concerning whether you can or cannot sue your spouse.

Question:

Can I sue my spouse for injuries caused by a car accident?

Answer:

Usually yes. In New York, the general rule is that you cannot sue your spouse for any injuries resulting from a car accident. However, there is a large exception. Insurance companies are required to offer a special insurance coverage that would allow you to sue your spouse, if he or she caused injuries to you resulting from a car accident. Of course, like in any other type of car accident, you have to prove that your spouse was totally or partially at fault in causing the accident and in causing your injuries. Most insurance policies include type of coverage (even though most people do not even know that they have it). However, although, insurance companies are required to offer this type of policy, they are not required to give you this coverage. Therefore, some policies do not have this coverage. If your insurance policy does not have this type of coverage, then you would not be able to sue your spouse for injuries caused by a car accident.

Question:

Can I sue my spouse for intentional injuries caused to me?

Answer:

Yes. If your spouse intentionally injured you, then you can sue your spouse and collect monetary damages. Your lawsuit would be similar to a lawsuit against any other third party who caused an intention injury to you. Therefore, if your spouse physically assaulted you and caused injuries to you, then you can sue your spouse for monetary damages. You do not have to seek a divorce to sue your spouse for intentional injuries, although, typically, you would be involved in a divorce action.

Question:

Can I sue my spouse for having a sexual affair?

Answer:

No. New York eliminated the ability of suing your spouse for monetary damages for having a sexual affair. This includes trying to sue for emotional distress or suing the “other woman” or “other man” for causing the affair. You can still seek a divorce based on your spouse having an affair. However, today, virtually every one seeking a divorce uses the grounds of a “no-fault” divorce.

If you are thinking about suing your spouse, then, unless it was due to a car accident, then most likely you may be thinking of getting a divorce. The Badanes Law Office can help you in getting a divorce and if you are seeking monetary damages for an intentional injury in suing your spouse. David Badanes and the Badanes Law Office have the experience you are seeking. If you need an experienced Matrimonial and Divorce Attorney to represent you in your divorce and if you live in Long Island, Suffolk County, Nassau County, or New York City, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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