Interspousal Civil Tort Claims in Florida Divorce Cases: Seeking Damages for Marital Misconduct

Introduction

In Florida, a divorce proceeding typically focuses on equitable distribution of assets, alimony, child custody, and support. However, when one spouse commits a wrongful act—such as battery, intentional infliction of emotional distress, or economic fraud—the injured spouse may also have the right to file a civil tort claim within the same dissolution of marriage case.

Bringing an interspousal tort claim as part of a divorce can be a powerful strategic tool, as it allows a victimized spouse to seek both compensatory and punitive damages without filing a separate lawsuit. This guide explains how interspousal tort claims work in Florida, the types of claims that may be pursued, and how they can impact the outcome of a divorce.

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Can One Spouse Sue the Other for a Civil Tort in a Florida Divorce?

Yes. Florida law allows a spouse to file a civil tort claim against the other spouse within the same case as a divorce. This is a departure from historical legal doctrines, which once prevented spouses from suing each other due to interspousal immunity. Today, Florida courts recognize that one spouse should be able to seek monetary damages if the other spouse caused them harm during the marriage.

Interspousal tort claims can address a wide range of intentional misconduct and negligence, allowing the injured spouse to seek financial compensation beyond what is available through equitable distribution or alimony.

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Common Interspousal Tort Claims in Florida Divorce Cases

Several types of civil claims can be pursued alongside a divorce petition when one spouse has caused harm to the other:

1. Battery and Assault

• If one spouse physically harms the other through acts of domestic violence, hitting, pushing, or threatening harm, a claim for civil battery or assault may be filed.
• A successful claim may result in an award for medical bills, pain and suffering, and emotional distress.
• A restraining order (injunction) can also be sought to protect the victimized spouse.

2. Intentional Infliction of Emotional Distress

• This claim applies when one spouse engages in extreme and outrageous behavior that causes the other spouse severe emotional trauma.
• Examples include repeated threats, psychological abuse, stalking, or harassment.

3. Marital Rape and Sexual Battery

• Florida law recognizes that consent is required in marriage, and a spouse can be held liable for sexual battery if they engaged in non-consensual sexual acts.

4. Fraudulent Misrepresentation or Concealment of Assets

• If one spouse hides marital assets, lies about financial matters, or commits fraud, the injured spouse can bring a fraud claim.
• This may lead to a monetary judgment, including punitive damages, and may impact equitable distribution of assets.

5. Defamation

• If a spouse makes false public statements about the other that cause reputational damage (such as false allegations of abuse or criminal activity), a defamation lawsuit may be pursued.

6. Conversion (Theft of Property)

• If one spouse steals or destroys the other spouse’s separate property, a conversion claim may allow the injured spouse to recover damages.

Each of these claims can be pursued as part of the divorce case, allowing the court to resolve both financial and personal injury issues in a single proceeding.

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Why Filing a Tort Claim in a Divorce Can Be a Strategic Advantage

Including a civil tort claim in a divorce petition provides several strategic benefits, particularly in high-conflict divorces where one spouse has caused physical, emotional, or financial harm to the other.

1. Increases Potential Financial Recovery

• A tort claim allows the victimized spouse to seek damages beyond typical divorce remedies, such as:
  • Medical expenses and therapy costs for injuries caused by domestic violence.
  • Pain and suffering compensation for emotional distress.
  • Punitive damages in cases of extreme misconduct (such as fraud or assault).

2. Strengthens Negotiation Leverage

• The threat of a civil lawsuit within the divorce can encourage the at-fault spouse to agree to more favorable divorce terms to avoid a public trial or financial liability.
• This may result in a higher alimony settlement, larger asset distribution, or favorable custody terms.

3. Streamlines Legal Proceedings

• Pursuing a tort claim within the divorce case saves time and legal fees compared to filing a separate civil lawsuit.
• Courts can hear both the divorce and tort claims together, avoiding the need for multiple trials.

4. Impacts Equitable Distribution and Alimony Awards

• If a spouse fraudulently conceals assets or financially harms the other spouse, the court may award a greater share of marital assets to the victimized spouse.
• Courts consider marital misconduct when awarding alimony, and a successful tort claim can support a higher alimony request.

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Challenges of Pursuing an Interspousal Tort Claim

While filing a tort claim in a divorce can provide significant advantages, there are also potential challenges:

1. Higher Burden of Proof
   • Tort claims require proving fault and damages, which is different from the no-fault standard used in divorce proceedings.
   • The injured spouse must present evidence of wrongdoing, such as medical records, witness testimony, or financial documents.
2. Emotional and Financial Costs
   • A tort claim may lead to increased litigation costs and extend the length of the divorce process.
   • Reliving traumatic events in court may be emotionally difficult.
3. Possible Counterclaims
   • The accused spouse may file counterclaims, alleging misconduct or wrongdoing by the other party.
4. Judicial Discretion
   • While Florida allows interspousal tort claims, not all judges are receptive to handling tort claims within divorce cases, and some may prefer that they be pursued separately in civil court.

Despite these challenges, a well-prepared legal strategy can increase the likelihood of success.

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How to File an Interspousal Tort Claim in a Florida Divorce Case

If you wish to file a tort claim alongside a divorce, the process typically involves:

1. Filing a Petition for Dissolution of Marriage with a Civil Tort Claim
   • The petition should clearly state the tort claim(s) being pursued.
   • The claim must specify the damages being sought.
2. Gathering Evidence
   • Collect police reports, medical records, financial documents, and witness statements.
   • Maintain text messages, emails, or voicemails that demonstrate wrongdoing.
3. Requesting a Consolidated Hearing
   • A family law attorney can request the court to hear both the divorce and tort claim together to avoid multiple legal proceedings.
4. Presenting the Case in Court
   • If the case does not settle, the judge will hear evidence and testimony to decide both the divorce and the tort claim.

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How a Family Law Attorney Can Help

An experienced family law attorney can:

• Assess whether an interspousal tort claim is appropriate for your case.
• Gather evidence to prove misconduct and damages.
• Negotiate a favorable settlement that considers both the divorce and tort claims.
• Advocate for a fair resolution in court if the case goes to trial.

At Bonderud Law, we help clients pursue justice and financial recovery in high-conflict divorces involving spousal misconduct, domestic violence, and financial fraud. If you are considering filing an interspousal tort claim, contact us today for a free consultation.

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Conclusion

Interspousal tort claims allow victimized spouses to seek financial compensation for battery, fraud, emotional distress, and other misconduct in divorce proceedings. These claims can increase financial recovery, provide strategic leverage, and impact asset division and alimony awards.

If you are considering filing a civil tort claim within your divorce, working with an experienced family law attorneycan help ensure a strong case and a favorable outcome.