Wyman v. Wallace

Quaere: Should the common-law action for the alienation of affections of a spouse be abolished?

We conclude that it should be.

The action for alienation of affections, insofar as it pertains to relationships between spouses, is an action carried into the law of Washington by its adoption of the common law of England. Beach v. Brown, 20 Wash. 266, 55 P. 46 (1898). We adopted the common law prior to statehood in 1863. RCW 4.04.010; In re Hudson, 13 Wn.2d 673, 126 P.2d 765 (1942). Freehe v. Freehe, 81 Wn.2d 183, 500 P.2d 771 (1972), recognized that when a rule of law has had its origins in the…