Section 14.2 Abrogation of Spousal Immunity

• Library: Family Law Deskbook and 2014 Supp

1. (§14.2) Abrogation of Spousal Immunity

The Supreme Court of Missouri handed down two opinions on April 15, 1986, that abolished interspousal immunity for torts. Interspousal immunity was abolished for intentional torts in Townsend v. Townsend, 708 S.W.2d 646 (Mo. banc 1986), and for negligence in S.A.V. v. K.G.V., 708 S.W.2d 651 (Mo. banc 1986).

As stated in Townsend, “[i]nterspousal tort immunity flowed as a by-product from the common law concept
of oneness or the ‘identity of spouses.’” Townsend, 708 S.W.2d at 647. “This concept made suits between husband and wife virtually impossible . . . .” Id.

Townsend provided a history of the gradual...