What is Spousal Tort Immunity? And Can You Sue Your Spouse for Injury?

Spousal tort immunity (interspousal immunity) is a legal doctrine that historically prevented married individuals from suing each other for torts. Most US states have now abolished or significantly limited this immunity. However, state-specific variations remain—some states retain partial immunity for negligent torts while allowing intentional tort claims, others maintain immunity when “marital harmony” still exists, and insurance policy exclusions may bar recovery even where immunity is abolished.

What Is Spousal Tort Immunity?

A common law doctrine based on the legal fiction that husband and wife share one identity—the husband’s. Under this rule, spouses couldn’t sue each other because legally they were the same person.

Historical Origins

The doctrine stems from the English common law concept of “coverture”—when a woman married, her legal identity merged with her husband’s. As explained in Blackstone’s Commentaries: “the husband and wife are one person in law.”

This meant:

• Wife had no separate legal identity
• Wife couldn’t own property independently
• Wife couldn’t sue or be sued without husband
• Wife couldn’t contract in her own name

Why It Existed

Courts justified immunity based on:

• Legal unity: Can’t sue yourself
• Marital harmony: Lawsuits would destroy family peace
• Flood of litigation: Courts feared overwhelming claims
• Collusion: Spouses might file fraudulent suits to collect insurance
• Criminal/divorce remedies: Other options existed for injured spouses

Current Status: Most States Have Abolished Immunity

The Trend: Since the 1970s, most states abolished or limited spousal tort immunity. Today, the majority of US jurisdictions allow spouses to sue each other.

States That Completely Abolished Immunity

At least 40+ states now allow spouses to sue each other for both intentional and negligent torts without restriction:

• Maryland: Bozman v. Bozman, 376 Md. 461 (2003) completely abolished immunity for all tort claims
• Tennessee: Davis v. Davis, 657 S.W.2d 753 (Tenn. 1983) totally abolished immunity
• Connecticut: Abolished via statute (Conn. Gen. Stat. § 52-572d) and case law
• Michigan: Abolished through Married Women’s Acts and judicial decisions
• Florida: Waite v. Waite, 618 So. 2d 1360 (Fla. 1993) abolished immunity
• South Carolina: Boone v. Boone, 345 S.C. 8 (2001) found immunity violates public policy

States That Retain Partial or Modified Immunity

Georgia (O.C.G.A. § 19-3-8): Retains immunity as general rule but recognizes exceptions when:

• No marital harmony exists (lengthy separation, pending divorce)
• No possibility of collusion between spouses
• Acts of violence clearly evidence termination of marital harmony

Key case: McDaniel v. McDaniel, 2024 Ga. App. LEXIS 116 (March 13, 2024)—Georgia Court of Appeals held that immunity doesn’t bar malicious prosecution claims when spouses are separated and divorce is pending, finding “no marital harmony to preserve.”

Intentional vs. Negligent Torts: Critical Distinction

Many states that retain partial immunity distinguish between tort types.

Intentional Torts (Generally Allowed)

Most states allow spouses to sue for:

• Assault and battery (domestic violence)
• False imprisonment
• Intentional infliction of emotional distress
• Malicious prosecution
• Defamation
• Invasion of privacy

Rationale: Intentional harm destroys marital harmony anyway, so immunity no longer serves its purpose.

Negligent Torts (More Restrictions)

Some jurisdictions impose barriers for negligence claims:

• Car accidents where one spouse drives and injures the other
• Slip and fall on property owned by spouse
• Medical malpractice by doctor-spouse

Why the distinction? Courts fear collusive suits to collect insurance money.

State Examples

Connecticut: Abolished immunity for both intentional and negligent torts. Statute specifically addresses motor vehicle negligence—Conn. Gen. Stat. § 52-572d allows suits even when injury occurred in state with immunity.

Georgia: Maintains immunity generally but allows suits for intentional torts when marriage has deteriorated.

Domestic Violence and Immunity Exceptions

Virtually all states allow tort claims for domestic violence regardless of immunity status.

Why Domestic Violence Is Different

Courts recognize:

• Physical abuse already destroys marital harmony
• Victims need civil remedies beyond criminal prosecution
• Insurance exclusions don’t typically apply to intentional violence
• Public policy strongly favors protecting abuse victims

Available Claims

Domestic violence victims can typically sue for:

• Assault and battery (most common)
• Intentional infliction of emotional distress
• False imprisonment (preventing spouse from leaving)
• Negligent infliction of emotional distress (witnessing violence against children)

Damages Available

• Medical expenses
• Lost wages
• Pain and suffering
• Punitive damages (for particularly egregious conduct)
• Attorney’s fees (in some states)

Recent Case Law Developments (2024)

McDaniel v. McDaniel (Georgia, 2024)

Facts: Wife sued ex-husband for malicious prosecution after he and his parents falsely accused her of child sexual exploitation during divorce. Trial court dismissed based on interspousal immunity.

Holding: Georgia Court of Appeals vacated dismissal. When spouses are separated and divorce is pending, immunity doesn’t apply because:

• No marital harmony exists to protect
• No possibility of collusion
• Tort was committed intentionally to injure spouse during divorce

Significance: Clarifies that Georgia’s immunity exceptions apply when marriage has deteriorated, even if divorce isn’t finalized. Timing matters—immunity analyzed as of lawsuit filing, not when tort occurred.

Key Takeaway

Courts increasingly limit immunity when:

• Spouses are separated
• Divorce proceedings are pending
• Marital harmony is clearly destroyed
• Intentional torts are alleged
• No collusion risk exists

Can You Sue Your Spouse for a Car Accident?

Depends on your state—most allow it, but insurance may be the real barrier.

States Allowing Auto Accident Suits

Majority Rule: Spouses can sue for negligent driving. States include:

• Connecticut (specific statute: § 52-572d)
• Maryland
• Tennessee
• Florida
• Michigan
• New York
• Pennsylvania

States With Restrictions

Georgia: Generally bars suits between spouses but allows exceptions when:

• Lengthy separation exists
• No marital harmony remains
• Divorce is pending

The Insurance Problem

Even where immunity is abolished, insurance policy exclusions often bar recovery:

Common Exclusions:

• “Household exclusion”: No coverage for injuries to household members
• “Family member exclusion”: No coverage for suits between family members
• “Insured vs. insured exclusion”: No coverage when one insured sues another

Example: Wife injured in car accident caused by husband’s negligence. State law allows suit, but their auto insurance policy excludes coverage for injuries between spouses. Wife has legal right to sue but can’t collect from insurance.

What This Means

Check your insurance policies. Even if your state abolished immunity, you may not recover damages if insurance excludes spousal claims.

Insurance Implications

Insurance considerations often drive modern immunity rules.

Why Insurance Companies Support Immunity

• Prevents collusive claims
• Reduces fraudulent suits between spouses
• Limits liability exposure
• Protects against “friendly lawsuits” to collect insurance

Types of Insurance Affected

Auto Insurance: Household/family member exclusions common

Homeowner’s Insurance: May exclude injury claims between residents

Umbrella Policies: Often contain family member exclusions

Medical Malpractice: Professional policies may exclude spousal claims

What You Can Do

1. Review policies before marriage or when renewing coverage
2. Request removal of household exclusions (may increase premiums)
3. Purchase separate policies for spouses
4. Pursue uninsured motorist coverage if available
5. Sue third parties whose insurance applies (employer, property owner)

State-by-State Summary

Note: Most states have abolished immunity. Check your specific state’s current law.

Procedural Considerations

Do You Need to Be Divorced First?

No—most states allow tort suits during marriage.

Historical Rule: Some states required divorce before filing tort claims.

Modern Rule: Spouses can sue while married. Some courts allow joining tort claims with divorce proceedings.

Statute of Limitations

Split Authority on whether marriage tolls (pauses) statute of limitations:

Traditional View: Marriage tolls limitations period (you can sue after divorce for torts during marriage)

Modern Trend: Marriage doesn’t toll limitations—clock runs from when tort occurred

Practical Advice: Don’t wait. File within standard limitations period (typically 2-3 years for personal injury).

Joining Tort Claims with Divorce

Many states allow combining tort claims with dissolution proceedings:

Advantages:

• Resolve all disputes simultaneously
• Avoid multiple court proceedings
• Efficient use of court resources

Disadvantages:

• Family court judge may lack tort expertise
• Different burden of proof standards
• Property division vs. tort damages may conflict

Your Legal Options

If You’re Injured by Your Spouse

1. Determine your state’s immunity status (abolished, partial, or full)
2. Review insurance policies for household/family exclusions
3. Document injuries (photos, medical records, police reports)
4. Preserve evidence (texts, emails, witness statements)
5. Consult personal injury attorney who handles spousal tort claims
6. Consider criminal prosecution for intentional violence
7. File protective order if domestic violence occurred
8. Don’t delay—statute of limitations may apply

Types of Claims You Can Bring

Intentional Torts (widely allowed):

• Assault, battery, false imprisonment
• Intentional infliction of emotional distress
• Fraud, defamation, invasion of privacy

Negligent Torts (varies by state):

• Car accidents
• Premises liability (slip and fall)
• Medical malpractice
• Negligent infliction of emotional distress

Property Torts (generally allowed):

• Conversion (taking property)
• Trespass to chattels
• Destruction of property

What Damages Are Available

• Compensatory: Medical bills, lost wages, property damage, pain and suffering
• Punitive: For particularly egregious intentional conduct
• Attorney’s fees: In some jurisdictions for certain claims

Key Takeaways

Most states have abolished spousal tort immunity—at least 40+ jurisdictions allow spouses to sue each other.

Intentional torts are more widely allowed than negligent torts, even in states retaining partial immunity.

Insurance exclusions may bar recovery even where immunity is abolished—check policy language.

Domestic violence victims have strong legal remedies in virtually all states regardless of immunity status.

Recent trend shows courts further limiting immunity—especially when marriage has deteriorated or divorce is pending.

Timing matters—address tort claims promptly due to statute of limitations and evidence preservation.

State law varies significantly—consult local attorney to understand your jurisdiction’s specific rules.

Frequently Asked Questions

Can I sue my spouse while we’re still married?

Yes, in most states. The old rule requiring divorce first has been abandoned. Modern jurisdictions allow tort suits during marriage, and some permit joining tort claims with divorce proceedings.

What if the injury happened in a car accident?

Most states allow these suits, but insurance policy exclusions often prevent recovery. Check your auto insurance for “household member” or “family exclusion” clauses. Even if you win the lawsuit, you may not collect if insurance doesn’t cover spousal claims.

Does spousal immunity apply to domestic violence?

No. Virtually every state allows tort claims for domestic violence regardless of immunity status. Courts recognize that physical abuse destroys marital harmony, eliminating the rationale for immunity. Victims can sue for assault, battery, and emotional distress.

Will insurance cover my claim against my spouse?

Often no. Many auto, homeowner’s, and umbrella policies contain “household exclusion” or “insured vs. insured” clauses barring coverage for injuries between family members. Review your policies—you may have legal right to sue but no practical way to collect.

Can I sue my ex-spouse for injuries that happened during marriage?

Depends on your state and timing. Some states allow post-divorce suits for torts committed during marriage. Others bar these claims, reasoning that immunity existed when injury occurred. File within statute of limitations—typically 2-3 years from injury date.

What’s the difference between intentional and negligent torts in this context?

Intentional torts (assault, battery, fraud) are more widely allowed because they destroy marital harmony. Negligent torts (car accidents, slip and fall) face more restrictions because courts fear collusive insurance claims. Most states now allow both, but insurance may not cover negligence claims.

How long do I have to file a lawsuit?

Typically 2-3 years from the date of injury for personal injury torts. Don’t assume marriage tolls (pauses) the statute of limitations—modern trend is that the clock runs regardless of marital status. Document injuries and consult attorney promptly.

This article provides general legal information. State laws vary significantly regarding spousal tort immunity. Consult a personal injury or family law attorney in your state for advice specific to your situation.

Legal References:

• Bozman v. Bozman, 376 Md. 461, 830 A.2d 450 (2003)
• McDaniel v. McDaniel, 2024 Ga. App. LEXIS 116 (Ga. Ct. App. March 13, 2024)
• Davis v. Davis, 657 S.W.2d 753 (Tenn. 1983)
• Boone v. Boone, 345 S.C. 8, 546 S.E.2d 191 (2001)
• Waite v. Waite, 618 So. 2d 1360 (Fla. 1993)
• O.C.G.A. § 19-3-8 (Georgia interspousal immunity statute)
• Conn. Gen. Stat. § 52-572d (Connecticut motor vehicle statute)
• Restatement (Second) of Torts § 895F
• Maryland Code, Family Law §§ 4-204, 4-205

Last Updated: December 2025

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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