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HB 4979

Reinstituting the maintenance of actions for alienation of affection and criminal conversation

2026 Regular Session Introduced by Stan Adkins and 10 co-sponsors

West Virginia bill would restore lawsuits allowing spouses to sue third parties for affairs or marriage interference, reversing modern tort law trends.

To House Judiciary
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Bill Summary · HB 4979

Legislative bill overview

HB 4979 proposes to reinstate legal causes of action for "alienation of affection" and "criminal conversation" in West Virginia. These are historical tort claims that allow one spouse to sue a third party for interfering in their marriage or engaging in adultery with their spouse. West Virginia previously abolished these claims, and this bill would restore them.

Why is this important

This legislation would fundamentally change West Virginia's civil liability framework by allowing married individuals to bring monetary damages suits against third parties involved in affairs. It represents a significant reversal of modern tort law trends—most states have eliminated these claims as outdated and incompatible with contemporary views on personal autonomy and marriage. The change would have practical effects on litigation costs, relationship disputes, and how courts handle marital conflicts.

Potential points of contention

  • Individual liberty concerns: Critics argue these claims infringe on adults' right to associate freely and make their own relationship choices, treating marriage as property that can be damaged
  • Litigation burden: Reinstatement could flood courts with emotionally-driven lawsuits between private parties, with uncertain damages standards and high litigation costs
  • Modernization conflict: The claims are considered archaic by many legal scholars; most states abandoned them because they don't reflect current understandings of marriage, consent, and personal responsibility in relationships

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

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