Allows for a cause of action for alienation of affection

2026 Regular Session Introduced by Renee Reuter

HB 1874 would allow a spouse to sue a non-spouse third party for alienation of affection, seeking damages for the erosion of the marriage.

Referred: Emerging Issues(H)

#civilprocedure #domesticrelations #familylaw #marriageanddivorce

Bill Summary: HB 1874 (Missouri, 2026)

Purpose and intent

HB 1874 creates a civil cause of action for alienation of affection. In essence, the bill would allow a spouse to sue a third party who allegedly alienates the affection and conjugal relationship of the plaintiff with their spouse, seeking damages for the resulting harm to the marriage.

Key provisions and changes

New cause of action: Establishes a civil claim for alienation of affection against a non-spousal third party (commonly a third person who allegedly interferes with the marital relationship).

Elements of the claim (illustrative): While the bill’s exact statutory text is not provided here, a typical alienation-of-affection claim generally requires:

The plaintiff was married at the time of the misconduct.
The defendant engaged in acts intended to or that reasonably resulted in the alienation of the plaintiff’s spouse.
The plaintiff suffered damages (often including loss of consortium, emotional distress, or other marital damages).
Causation linking the third party’s actions to the erosion of the marriage.

Damages: The bill would authorize monetary damages to compensate the plaintiff for the effects of the alienation, and may include elements like humiliation, distress, and loss of companionship.

Defenses and defenses’ scope: The measure likely contemplates typical defenses to civil claims (e.g., contributory negligence, comparative fault, or lack of causation), though specific defenses would be defined in the bill’s text.

Procedural aspects: As a civil action, the claim would proceed in Missouri courts following standard civil procedure rules, including statute-of-limitations considerations and any defenses related to evidence, admissibility, and pretrial discovery.

Who would be affected

Plaintiffs: Spouses who believe a third party caused or contributed to the erosion of their marriage.

Defendants: Non-spouse third parties (e.g., individuals who allegedly engaged in misconduct intended to influence or damage the marriage).

Judicial system: Missouri courts would handle such civil cases, with potential implications for damages awards and evidentiary standards.

Social/behavioral considerations: Could influence personal conduct by third parties who interact with married individuals, given potential civil liability for interfering in relationships.

Procedural and timeline considerations

Status and timeline:

Prefiled in December 2025.
Read First Time in the House on January 7, 2026.
Read Second Time in the House on January 8, 2026.
Referred to Emerging Issues (H) on May 15, 2026.

Next steps: If advanced, the bill would move through committee deliberations, potential amendments, and floor votes. Passage would require approval by both legislative chambers and signature by the governor to become law.

Additional notes

Co-sponsor: Renee Reuter.

The bill’s scope and potential impact depend on the precise statutory language, including definitions of the elements, permissible damages, and available defenses. If enacted, it would add a new, non-traditional form of civil liability to Missouri’s law governing marital relationships and third-party interference.