ABA Family Legal Guide

Family Law

Marriage

Duties of Marriage

May wives and husbands sue each other?

Yes. Husbands and wives can, of course, sue each other for a divorce. They can also sue each other in connection with financial deals in which one may have cheated the other. The vast majority of states also allow one spouse to sue the other for deliberate personal injuries, such as those suffered in a beating. Some states allow husbands and wives to sue each other in connection with an auto accident in which one of them, who was the driver, accidentally caused injury to the other, who was a passenger. In effect, the person suing may be trying to collect money from an insurance company rather from the person's spouse. Many states, fearing that this would encourage collusion, do not allow such lawsuits.