Can You Sue Your Spouse for Emotional Distress?

Posted in Divorce,Domestic Violence on July 5, 2025

If your spouse has caused you serious emotional harm, you may wonder how you can hold them accountable for their behavior. Can you sue your spouse for emotional distress damages? This may be possible depending on the circumstances of the case and a range of factors.

Suing a spouse for emotional distress could allow you to seek compensation for the harm you experienced due to their conduct. Learn more about pursuing this type of civil case against a spouse from Ratzer | Dobis.

What Is the Legal Definition of Emotional Distress?

Emotional distress is defined as psychological harm or suffering that someone experiences due to another person’s actions. In a legal context, emotional distress is a type of personal injury and may be grounds for a lawsuit in certain circumstances.

A person might cause you emotional distress when their actions result in severe mental anguish that goes beyond the normal range of emotions you would experience in everyday life. There are two main types of emotional distress damages:

Intentional infliction of emotional distress, which requires proof that the defendant’s conduct was reckless or intentional and both “extreme and outrageous”
Negligent infliction of emotional distress, which requires proof that the defendant acted negligently and that their actions led to your emotional harm

A lawsuit against a spouse would typically hinge on intentional infliction of emotional distress. Meanwhile, an example of negligent infliction of emotional distress might be a person causing a serious car accident in which the victim develops PTSD.

Establishing a Claim for Emotional Distress Against Your Spouse

Can you sue your spouse for emotional distress? You may be eligible to pursue emotional distress damages, but you generally need to prove that your spouse’s behavior was extreme or outrageous and based on either intentional or reckless behavior.

General hurt feelings or unkindness are not typically sufficient to support a legal claim for emotional distress. Instead, their behavior needs to meet a higher standard and convince a judge or jury that your spouse owes you compensation for the impact their behavior had on your life.

To build a case for intentional emotional distress, you generally need to prove the following:

Your spouse intended to do the act and produce emotional distress.
Your spouse’s conduct was extreme and outrageous.
Your spouse’s actions have been a proximate cause of your emotional distress claim.
The emotional distress you suffered is severe enough that a reasonable person might find it difficult to endure.

The following might act as compelling evidence in a case of intentional infliction of emotional distress:

Testimony or documentation from a mental health provider detailing how your spouse’s actions have led you to be diagnosed with a mental disorder, such as anxiety, depression, or PTSD
Evidence showing that you have trouble functioning in society as a result of your spouse’s behavior
Copies of written communications between you and your spouse showing their egregious behavior toward you
Testimony from any witnesses to your spouse’s behavior

Circumstances That May Warrant Suing a Spouse for Emotional Distress

Emotional distress lawsuits against a spouse are relatively rare. When they do happen, they may result from the following circumstances:

Emotional abuse: A spouse who is emotionally abusive could be liable for emotional distress damages. Emotional abuse may encompass behaviors such as humiliation, threats, isolation, belittlement, or persistent actions that cause psychological harm.
Financial misconduct: Severe financial misconduct may also give rise to emotional distress. For example, if a spouse engages in fraud or acts recklessly to mismanage the shared finances in their relationship, their spouse may claim that they have caused substantial emotional harm.
Physical abuse: A spouse’s physical abuse can lead to emotional distress along with other non-economic damages, such as pain and suffering. Physical abuse can cause significant psychological trauma that affects a person long-term.
Severe infidelity: While cheating in itself may not give rise to emotional damages, egregious and intentional conduct related to infidelity might be considered as evidence in certain emotional distress cases.

If you are unsure whether your spouse’s actions could constitute an emotional distress lawsuit, speak with an attorney.

Considerations for Suing a Spouse for Emotional Distress

Pursuing a lawsuit against a spouse can be complex, and you’ll want to work with an experienced attorney who can guide you through this process. These considerations can also help you determine whether pursuing legal action is a sensible option.

Whether you can prove that their behavior caused your emotional distress: Legal cases rely on evidence. You will need to be able to prove that your spouse acted outrageously and caused your significant emotional distress. If no one witnessed their behavior and you have no concrete evidence, you may not have a compelling case.
Whether you are married: Marriage generally gives spouses “spousal immunity” from lawsuits as a way to preserve marital harmony. It also provides a “marital privilege,” which means one spouse cannot be compelled to testify against the other in court in regard to confidential communications. Marriage does not make an emotional distress lawsuit against a spouse impossible, but it may make it more complicated. An attorney can help you explore claiming a marital tort against your spouse.
When the egregious behavior occurred: Emotional distress lawsuits are subject to the statute of limitations for personal injury claims. In California, that deadline is two years from the date of injury. If more than two years have passed, the court may deny your claim.

Potential Legal Remedies for Emotional Distress

You may wonder what the purpose of suing your spouse for emotional distress might be. What legal remedies may be available through this type of lawsuit?

Potential legal remedies for spousal emotional distress may include:

Damages: You might pursue monetary damages in an emotional distress lawsuit. These damages seek to make up for the emotional harm a defendant has caused. They might cover actual costs incurred, such as medical expenses or lost wages, along with pain and suffering or other non-economic damages.
Grounds for divorce: If you and your spouse are married, you might not have the option to pursue damages in a lawsuit against them. Another potential remedy may be using their behavior as grounds for divorce or legal separation. California is a no-fault state, meaning you do not need to prove fault to qualify for divorce. However, this evidence can be relevant when determining issues like the division of property, child custody, and spousal support.
Injunctions or restraining orders: If you fear further harm from your spouse, you can consider filing for a restraining order or another type of injunction to protect yourself and your family from their behavior.

Seek Legal Assistance From Ratzer | Dobis

Can you sue your spouse for emotional distress? The answer generally depends on whether your spouse’s behavior was extreme or outrageous and whether there was an intentional infliction of emotional harm. If these criteria are present, you may have the opportunity to seek the legal remedies above, depending on the circumstances of your case.

Ratzer | Dobis represents clients across the greater Solana Beach area through a wide range of family law matters, including domestic violence charges and emotional distress lawsuits. Contact us today at (858) 793-7700 to request a free consultation with our family law attorneys.