Discover the intriguing world of heart balm torts as Keith King shares his devastating story of betrayal and subsequent legal battle. Explore the historical context of these lawsuits, their implications for women's economic security, and the antiquated aspects of their perception. Dive into the court battle as Keith fights for justice in his broken marriage, navigating the emotional and legal aspects of the case.
Heart balm torts were originally designed to protect women economically in cases of infidelity and interference in a marriage.
Keith King's case highlights the potential use of heart balm torts in seeking compensation for emotional and economic distress caused by a third party's involvement in a marriage.
Deep dives
Heart Balm Torts: The History and Purpose
Heart balm torts, also known as heart balm lawsuits, are legal actions that date back to the 1600s and were initially introduced in English common law. These lawsuits revolve around breaches of promise and cases of seduction, infidelity, or interference in a marriage. The purpose of heart balm torts originally aimed to provide economic protection for women, recognizing marriage as a crucial economic decision in their lives where they could suffer significant financial harm. These lawsuits acknowledged the economic interweaving of marriage, including joint assets, property ownership, and the importance of financial security. Although heart balm lawsuits have been outlawed in many states, North Carolina remains a notable exception, with numerous cases still being filed each year.
Keith King's Devastating Marriage Breakdown
Keith King, a BMX rider and owner of a BMX-dempt company, experienced a heartbreaking betrayal when his wife had an affair with another man. The discovery of flirtatious messages led to the disintegration of Keith's marriage, leaving him devastated. Filled with pain and seeking justice, Keith learned about the option to sue the other man for alienation of affection, a heart balm tort recognized in North Carolina. Despite initial expectations of a settlement, Keith's case did not resolve outside the courtroom. He filed a lawsuit seeking damages, presenting evidence of a once-happy marriage, proof of intimacy with his wife, and the emotional and economic distress caused by the affair. The court awarded Keith $8.8 million in damages, but collecting on the judgment proved challenging as the defendant filed for bankruptcy.
The Complexities and Debates Surrounding Heart Balm Torts
While heart balm torts offer a means to seek compensation for emotional harm and economic loss resulting from a third party's interference in a marriage, they also raise ethical and legal concerns. Critics argue that these lawsuits undermine the agency of the spouse who chose to cheat and can perpetuate a property-based view of women within the institution of marriage. Furthermore, some view the pursuit of heart balm lawsuits as a quest for emotional validation rather than a practical solution to heal a broken marriage. The availability and use of heart balm torts have diminished over time, with only a few states still allowing such lawsuits. This raises questions about the relevance and fairness of holding third parties accountable for marital issues in the modern era.
Keith King was upset when his marriage ended. His wife had cheated, and his family broke apart. And that's when he learned about a very old type of lawsuit, called a heart balm tort. A lawsuit that would let him sue the man his now ex-wife had gotten involved with during their marriage.
On this episode, where heart balm torts came from, what relationships looked like back then, and why these lawsuits still exist today (in some states, anyway.) And also, what happened when Keith King used a heart balm tort to try to deal with the most significant economic entanglement of his life: his marriage.
This episode was hosted by Erika Beras and Sarah Gonzalez. It was produced by Emma Peaslee and edited by Molly Messick. It was fact-checked by Sierra Juarez and engineered by Gilly Moon. Alex Goldmark is Planet Money's executive producer.