Can I Sue My Ex For Emotional Distress? (March 2025)

Infliction of Emotional Distress

Can you sue for emotional distress? It’s possible. After a divorce or breakup, you may be able to choose from two main types of emotional distress claims.

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress is a tort claim, which is an option that not all states allow. Even the ones that do tend to place numerous restrictions on it. To be able to make such a claim, you need to prove that your spouse owed you a duty — in other words, an obligation to conform to a particular standard.

You then have to show that your spouse breached that duty, meaning they didn’t conform to the legally recognized standard. The next requirement is proximate cause, which shows that your spouse’s breach of duty directly led you to suffer distress.

Intentional Infliction of Emotional Distress

The other option you have is to claim intentional infliction of emotional distress. This is also a type of tort, and it requires that you show your spouse displayed intentional extreme or outrageous conduct. Sometimes, people assume that anything you may use as your reasons for divorce, like infidelity, can fit into this category, but that’s not true.

Can you sue an ex for emotional distress that was intentionally inflicted? Yes, but the conduct has to go beyond the bounds of human decency. It should be shocking and outrageous behavior. An example would be if your spouse threatens you with a gun or claims they have been thinking about ways of killing you.

This type of claim also requires you to demonstrate causation. There should be a direct and foreseeable link between your spouse’s actions and your distress. In the example above, a direct link could be if you had to go to therapy for the threat and were diagnosed with anxiety or post-traumatic stress disorder.

You’ll then need to demonstrate that your distress is severe. Keep in mind that each state defines severe distress differently. Typically, it means that a reasonable person would not be able to endure it.

Some states go one step further and require that your distress cause physical symptoms. You may have to show that you’ve developed anxiety that has led to panic attacks, for example.

Can I Sue My Ex for Emotional Distress? Damages You May Claim

Now that you have an answer to “Can I sue my ex for emotional distress?” it can help to know a bit about the damages you may be able to receive. You can claim general and special damages. When it comes to general damages vs. special damages, the former refers to tangible losses you’ve sustained due to the harm your ex caused.

If you experienced physical injuries that require medical attention, those expenses would be covered under general damages, which are also called economic damages. The same would apply if you need to receive therapy sessions to treat anxiety, depression or other mental health concerns that your ex’s conduct caused.

Sometimes, the harm may be significant enough that it prevents you from working. If that’s the case, you lose income. You can claim lost wages as part of general damages. If you’re unable to return to work because of your injuries, you may also claim loss of earning capacity.

Special damages cover losses that aren’t tangible, like pain and suffering and loss of enjoyment of life. Because these losses are subjective, the compensation you are able to claim will depend on the severity of what you’ve suffered. For instance, someone who has daily panic attacks due to an ex’s conduct will generally receive a substantial sum.

Pursuing a Lawsuit Against an Ex With Help From an Attorney

Can you sue your ex for emotional damage? If you’ve suffered losses as a result of an ex’s conduct, it may be possible to file a lawsuit against them. Keep in mind, however, that these are very complex civil cases that require assistance from experienced attorneys.

At ConsumerShield, we know how difficult it can be to accept that your ex caused you harm. If you’re suffering because of their conduct, our team can connect you with lawyers in your area who can help you file a lawsuit. You don’t have to go through this trying time alone. Contact us to see how we can help you find a lawyer.