Phew!

Utah has abolished the Alienation of Affections (“AOF”) common law cause of action.

Senate Bill 109 was signed by the Governor and went into effect on May 6th, 2026.

The cause of action has been abolished in almost all states but was kind of lingering as a relic in Utah, even though it has become increasingly disfavored over time.

Nevertheless, AOF was sometimes used as a cudgel in divorce settlement negotiations. The aggrieved spouse and/or their attorney would sometimes seek leverage for a more favorable financial settlement by using barbed words to the effect of: “I’ll sue so-and-so for alienation of affections if I don’t get the brand-new sectional couch,” in the hopes of instilling some degree of trepidation in the other spouse.

Such a threat sometimes seemed to have a marginal effect on the negotiations. On rare occasions, it may have had a more than marginal effect. But it is no longer a “pebble in the shoe” irritant in divorce negotiations, as it used to be.

So, I’ll restate my opinion: “Phew!”

Some may disagree, but my sentiment seems to be shared by many.

What do you think?

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.