“Heart balm” actions are lawsuits brought by persons who seek money damages to mend their broken hearts. Heart balm actions were founded decades ago under the doctrine of disfavoring intrusions with marital relationships and family ties. Heart balm actions include breach of promise to marry, alienation of affection, criminal conversation (adultery), and seduction.
Of the heart balm actions listed above, the most commonly known is alienation of affection. In an alienation of affection lawsuit, a deserted spouse or lover sues a third party alleged to be responsible for the failure of the marriage or relationship. Someone not-so-affectionately referred to alienation of affection actions as “homewrecker lawsuits.”
Illinois law already had significant restrictions on alienation of affection lawsuits. Recovery was limited to actual damages, and factors to consider when determining actual damages was also limited. Effective January 1, 2016 Illinois will completely abolish actions for alienation of affections, breach of promise to marry, and criminal conversation.
The Law Office of Christopher Haaff writes about these upcoming legal changes because completely abolishing any family law statute rarely happens. Almost as rare was someone bringing an alienation of affection lawsuit. In eighteen years of family law practice, I believe I heard of less than five alienation of affection actions in the entire state, and never came close to working on one. Some potential clients who had been jilted for another lover asked about going after the other lover. I explained the time and expense of bringing such an action, then contrasted it with how little they might recover even if they won the lawsuit.