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SB 109

Alienation of Affection Amendments

2026 General Session Introduced by Todd Weiler

SB 109 amends Utah's alienation of affection statute, potentially altering civil liability rules for third parties accused of damaging marriages through interference.

Senate/ 1st reading (Introduced)
#civillitigation #family #judicialoperations #marriage/divorce
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Bill Summary · SB 109

Legislative bill overview

SB 109 proposes amendments to Utah's "alienation of affection" laws, which allow one spouse to sue a third party for damaging their marriage. The bill, currently in early stages after introduction on January 20, 2026, modifies existing statutes governing these civil liability claims. Specific amendment details are not yet publicly available in standard legislative databases, pending further committee review.

Why is this important

Alienation of affection laws are controversial because they permit monetary damages against third parties (like a romantic rival) for interfering in a marriage—a concept that has been abolished or restricted in most U.S. states as outdated and potentially contrary to modern tort law principles. Utah is one of only six states retaining such laws. The amendments could either expand or restrict this liability framework, significantly affecting family law litigation and marriage-related damages.

Potential points of contention

  • Expansion vs. restriction debate: Unclear whether amendments strengthen or weaken protections, affecting which cases can proceed to lawsuit
  • Free speech concerns: Third-party defendants may argue such laws impinge on freedom of association or speech rights
  • Evidentiary challenges: Questions about what evidence sufficiently proves "alienation" and subjective burden on courts to determine causation in relationship breakdowns

Compiled from official sources — confirm details with the bill’s official record.

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