McCutchen v. McCutchen

NEWBY, Justice.

The issue is whether the accrual of a cause of action for alienation of affections occurs as a matter of law on or before the date a married couple separates. We hold the claim accrues whenever alienation is complete, regardless of the date of separation, and that the determination of when alienation occurs is generally a question of fact for the jury.

Plaintiff and Byron McCutchen (“Byron”) married on 1 June 1968 and had three children between 1969 and 1980. The couple separated on 9 September 1998 and divorced on 30 May 2002. Before the couple’s separation, Byron met…