Twyman v. Twyman
855 S.W.2d 619 (Tex. 1993)
Summary
The Texas Supreme Court held that a spouse may recover tort damages for intentional infliction of emotional distress within the context of a divorce proceeding. This landmark decision recognized that interspousal tort immunity does not bar claims for extreme and outrageous conduct between spouses, even when those claims arise in the marital context.
The Court established that battered spouses and victims of severe emotional abuse have a remedy in tort law independent of the property division in divorce, allowing for actual and punitive damages.
Key Holdings
- 1Interspousal immunity does not bar a claim for intentional infliction of emotional distress in a divorce action
- 2A spouse may recover tort damages for extreme and outrageous conduct by the other spouse
- 3Tort claims between spouses may be tried alongside the divorce or severed into separate proceedings
Why This Case Matters
Landmark abolition of interspousal tort immunity for emotional distress claims in Texas, opening the door for domestic abuse victims to seek tort damages in divorce proceedings.
Facts
Wife alleged husband engaged in extreme and outrageous conduct during the marriage including severe emotional abuse. She brought a claim for intentional infliction of emotional distress alongside her divorce petition. The issue was whether such a tort claim could be maintained between spouses.
Legal Principles
Statutes Interpreted
- Tex. Fam. Code § 7.001
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