For many years, the classic rule was that spouses were not allowed to sue one another. This was known as “interspousal immunity.” This immunity would prohibit married couples from prevailing in a civil cause of action for damages against each other.
However, most states have abolished this principle because it was largely founded on the idea that a woman’s legal identity became one with her husband’s upon marriage – and people can’t sue themselves. But this thinking is no longer prevalent, and almost all states have abolished interspousal immunity.
Usually, in cases where spouses sue one another, it typically has to do with insurance claims. That is, a husband may be covered by one policy and the wife another. If one of them is negligent in causing a crash that injures the other, it may be necessary for the injured to file a lawsuit against the other in order to ensure medical bills are paid and other costs are covered. Continue reading