Divorce Dex.com: Marital Tort

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Definition Marital Tort - a tort action between spouses.

Application in Divorce At one time, a husband and wife had what was termed "spousal immunity"; that is, they could not sue each other for harmful actions committed during their marriage.

Most jurisdictions have now repealed the doctrine of spousal immunity, permitting spouses (usually women) to bring marital torts (usually personal injury actions) in connection with domestic violence.

Marital torts, moreover, can be lodged in connection with intentional or neglect acts, including the transmission of sexual diseases, psychological distress and emotion injury, slander and libel as well as dissipation of community property.

See Tort.

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