§ 25-21,188.Alienation of affections; criminal conversation; actions barred.
Article 21: Special Proceedings and Actions · Last amended 1986 · Last verified July 22, 2026
Full Text of § 25-21,188
Source
Laws 1986, LB 877, § 1.
Plain-English Summary
Section 25-21,188 eliminates two long-standing tort theories rooted in marital relationships. Alienation of affections traditionally let a spouse sue a third party accused of destroying the marital relationship, while criminal conversation allowed a spouse to sue over a third party’s adultery with the other spouse, treated as a civil wrong in its own right. Both theories trace back to a view of marriage as creating property-like interests one spouse could sue to protect.
This section brings both theories to an end in Nebraska. No cause of action for alienation of affections or criminal conversation may be commenced after January 9, 1986. The statute is brief, and its effect is direct: whatever conduct might once have supported one of these claims, a Nebraska court will not entertain a suit brought on either theory after that date.
Frequently Asked Questions
Can I sue someone in Nebraska for alienation of affections?
No. Section 25-21,188 bars any cause of action for alienation of affections from being commenced after January 9, 1986.
Is criminal conversation still a valid civil claim in Nebraska?
No. This section bars a criminal conversation action from being commenced after January 9, 1986, the same as alienation of affections.
What was alienation of affections, as a legal claim?
A tort theory that let a spouse sue a third party accused of destroying the marital relationship. Nebraska no longer allows this claim.
What was criminal conversation as a civil claim?
A tort theory treating a third party’s adultery with one spouse as a civil wrong the other spouse could sue over. This section bars that claim as well.
Does this section affect claims commenced before January 9, 1986?
The section bars commencement of these actions after that date; it does not by its terms address actions already commenced before then.
Does this section affect divorce proceedings or other family-law claims?
No. It addresses only the specific tort theories of alienation of affections and criminal conversation, not divorce or other family-law remedies.