Damages for Adultery, Abandonment and Physical Abuse

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Summary:

Language of Bill:

SECTION 1. Tennessee Code Annotated, Section 36-4-121, is amended by inserting
the following as a new subsection thereto:
(h)
(1) Notwithstanding any provision of law to the contrary, the court may
award appropriate damages to a spouse, to be taken from the marital property,
for pain and suffering, for alienation of affection, or for punitive damages if the
spouse requesting such damages has proven by clear and convincing evidence
that within one (1) year prior to the time the divorce petition was filed the other
spouse committed adultery, abandoned the spouse, or subjected the spouse to
physical abuse.
(2) The court shall not award the damages specified in subdivision (1)
unless the spouse requesting such damages has also proven by a
preponderance of the evidence that within one (1) year prior to the time the
divorce petition was filed the spouse requesting such damages did not commit
adultery, abandon the other spouse, or subject the other spouse to physical
abuse.
(3) It is the intent of the general assembly that these damages, which are
based in actions for tort rather than contract, shall be available notwithstanding
any agreement between the parties to the contrary, including any prenuptial
agreement, antenuptial agreement, or any other agreement regarding the
division of marital property.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.