Also known as:heartbalm actions · heart balm actions · heartbalm suits · alienation of affections · breach of promise
Written by attorneys · grounded in primary & secondary sources — see below
A category of civil claims arising from broken romantic promises or interference with marital relations, including breach of promise to marry, alienation of affections, and criminal conversation. Most states have abolished these actions by statute. Where retained, the claims function as quasi-tort and quasi-contract actions that permit recovery of actual expenditures made in preparation for marriage along with damages for loss of reputation, mental anguish, and injury to health, but exclude recovery for loss of expected benefits such as social or financial position.
Sources & Authorities
How it applies
Common Examples
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Breach of Promise Damages Claim
Maya, a financial analyst, became engaged to Lucas, a hedge fund manager. At Lucas's request, she signed a detailed premarital agreement drafted by his fund's in-house counsel. It waived any claim to his carried interest and promised Maya $250,000 if the wedding was canceled for any reason. Lucas later broke the engagement and refused to pay. Maya sues in a jurisdiction that still recognizes breach-of-promise-to-marry actions. The court allows recovery of reliance and emotional-distress damages but denies recovery for lost status.
Marriage as Non-Contract Relation
Henry Hoffman and Helena Hoffman entered a marriage that later dissolved. Henry argued that the dissolution should be treated like breach of an ordinary contract. The court rejected the argument and held that marriage is not a mere contract subject to ordinary contract rules.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Restatements
Casebooks
Maynard v. Hill125 U.S. 190
Consortium Injury Claim
Harold Hunt suffered loss of his wife's consortium after an injury caused by Helix Biotech. He sued for the direct harm to his marital interests. The court recognized the claim as an independent wrong rather than a merely derivative or remote injury.
Hitaffer v. Argonne Co.183 F.2d 811 (D.C. Cir. 1950)
Divorce Decree Recognition
Hugo Hart obtained a divorce decree in one state and sought recognition in another. His former spouse challenged the decree's validity. The court enforced the decree under full-faith-and-credit principles applicable to marital status determinations.
Sherrer v. Sherrer334 U.S. 343 (1948)
Nonmarital Agreement Enforcement
Hunter Hughes and Hakim Hall lived together without marrying and later separated. Hunter sought enforcement of an agreement for support and property division. The court applied contract principles to the nonmarital relationship rather than heartbalm doctrines.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
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What damages are recoverable in a retained heartbalm action for breach of promise to marry?+
Recovery is limited to actual expenditures made in preparation for marriage and tort-style damages for loss of reputation, mental anguish, and injury to health. Expectancy damages for lost social or financial position are not allowed.
Supporting sources
Have heartbalm actions been abolished in every state?+
Most states have abolished heartbalm actions by statute, but a minority of jurisdictions retain a limited version of the claims. The question must specify the jurisdiction's law before determining whether recovery is possible.
Supporting sources
Does a jurisdiction that still recognizes breach-of-promise claims permit punitive damages?+
Yes. Recognition of the tort aspect of the cause of action permits punitive damages when the defendant acted maliciously.
Supporting sources
125 U.S. 190Family Law
…Wade v. Kalbfleisch , 58 N. Y. 282, 284, the question came before the Court of Appeals of New York whether an action for breach of promise of marriage was an action upon a contract within the meaning of certain provisions of the Revised Statutes of that State, and in disposing of the question the court said: “The general…