Can I file a lawsuit against my ex-wife’s former employer as she was having multiple sexual affairs with her direct supervisors?

UPDATED: Oct 2, 2022

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Can I file a lawsuit against my ex-wife’s former employer as she was having multiple sexual affairs with her direct supervisors?

My wife of 18 years had multiple affairs with 2 of her direct supervisors at a government agency. She then left the marriage with our 3 minor children. We have since divorced and I pay a huge amount of child support. Now she is marrying one of the people with whom she had an affair and has totally broken off all communication with me and my children and put me financial ruin.

Asked on October 5, 2019 under Family Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot.
1) First, you can't sue *anyone* for having an affair with your wife: in your state (and all but a small handful of states) that is not against the law, there is no cause of action for it, and your wife, as a competent adult, can legally decide with whom to have relations.
2) An employer is only liable for the actions of its staff (like those supervisors) which are part of their jobs. Having an extramarital affair is not part of those supervisors' jobs and is not what they are hired or expected to do; therefore, even if you were in a state where you could sue the supervisors themselves, you could not sue their employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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