Interspousal Immunity Law and Legal Definition

Interspousal immunity is a common law doctrine which prohibits spouses from suing each other. It is based on the legal fiction that husband and wife share the same identity in law, namely that of the husband. Accordingly, at common law, it was both morally and conceptually objectionable to permit a tort suit between two spouses. It was justified on the ground that such immunity is necessary to preserve marital harmony and to prevent fraud and collusion. However this immunity has been judicially abrogated or modified in many states. Very few jurisdictions now recognize interspousal tort immunity.