After my D-day, my FOM's wife threatened to sue me. Scared the snot out of me for about three or four hours. Not that I wouldn't have deserved it, mind you, but they had more money than we did and I felt like it was a total 2 way street, so suing me didn't make a lot of sense. But, being the person that I am, I decided to check with some lawyers. Three of them, actually... the consensus was this: My state doesn't even recognize that as a valid suit... while she could file and sue, the judge would end up finding it frivoulous, and then she would end up responsible for court costs and our lawyer's fees. Not only that, at that point we'd technically be able to sue for emotional distress (not that I would). One of them said on the practically non-existent chance she did actually win, the judge ends up awarding a token judgement (like $100) or something.
In my situation, I think she either realized that it wasn't smart or she decided not to because she was still married to him and realized if she was successful my H would end up countersuing... and he's a pilot for a major airline... my husband is in computers... there's a bit of a wage discrepency there. Whatever her reason, it was wise.
If you decide to pursue the alienation of affection with the OW and your H, you have to prove that they intended to deprive you of due affection. In other words, your H could argue that he didn't mean or plan on you being hurt... he thought he could care equally for you both... or if he can prove that you were inattentive to his needs, that his affair was a natural result of neglect on your part (very twisted, and I have a hard time buying that given the short duration of your marriage, but his lawyer would end up doing something like that). Anyway, it's probably much better for you to cut your losses and move on.
