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Legal Topics > Family > Husband and Wife > Prenuptial Agreements

What are "Heart Balm" Laws?

Long ago, a promise to marry someone acted just like any other binding contract.  That meant that if a person did not follow through with their promise to marry another, they could be sued because they were in breach.  Law suits over a broken promise to marry usually focused on three areas:

  1. The benefits to be had from the marriage, 
  2. Any losses incurred from the broken promise to marry, or 
  3. Injuries suffered as a result of the broken promise.  Injuries like humiliation, anxiety, and depression were commonly compensated.

Many courts began to disfavor awarding another person for a broken promise to marry them.  As a result, many states passed "Heart Balm" laws, which abolished the ability to sue for a breach of a promise to marry.

What States Have "Heart Balm" Laws?

Not all states have "Heart Balm" laws, but the following states do have laws that abolish the ability to sue for a breach of a promise to marry:

Alabama, California, Colorado, Florida, Indiana, Massachusetts, Michigan, New Jersey, New York, New Hampshire, Ohio Pennsylvania, and West Virginia.

Do I Need an Attorney for my "Heart Balm" Law Issue?

If you think you are entitled to compensation because of a broken promise to marry, or are being sued over a broken promise to marry, it is highly recommended that you contact a family or divorce and annulment attorney.  Only they will be able to explain the issue to you and help protect your rights.

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