Answer

1. 1. Interspousal Immunity in Florida.

      Interspousal immunity is a common law doctrine, which prohibits spouses from suing each other. The immunity was set to stop spouses from successfully prevailing in civil cases for recovery of damages in the case of a personal injury (Houlgate, 2017). The concept and doctrine of interspousal immunity appeared in the 1960s when the prevailing idea that a woman’s legal identity merged with her husband’s upon marriage. It originated from the biblical where doctrine where husband and wife are one in marriage. “Therefore, shall a man leave his father and his mother, and shall cleave unto his wife, and they shall be one flesh.” (Luis, 2020). The ground of interspousal immunity is necessary to preserve harmony and prevent fraud and conspiracy in marriage. However, this immunity has been judicially amended in many states, including Florida, and only a few jurisdictions now recognize interspousal tort immunity.

      The Florida Supreme Court in Waite v. Waite 618 So.2d 1360 (Fla. 1993), amended the doctrine of interspousal immunity for all tort causes of action, thereby allowing spouses to sue each other for damages from tortious acts. “The common law is hereby abrogated with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery shall not be affected by any marital relationship between the persons.” (Luis, 2020). Some of Florida courts’ claims have recognized as tort are claims of negligence, fraud and deceit, intentional infliction of emotional distress, and battery (Hipler, 2020). Procedurally, these torts claims may be asserted during parties’ marriage or as separate claims in a dissolution of marriage action. However, not all tort claims that one spouse may wish to bring against the other are available under Florida law. For example, suppose the basis of a tort claim is the depletion of marital assets during the marriage, such claims cannot be brought as a separate cause of action in tort. However, it may only be considered within the context of a dissolution-of-marriage action (Hipler, 2020).