Section 29.20 Loss of Consortium

• Library: Family Law Deskbook and 2014 Supp

A. (§29.20) Loss of Consortium

Another theory for recovery by unmarried cohabitants is loss of consortium—when one party to a relationship becomes incapacitated for some reason. For an interesting article on this expanding cause of action, see Julie Turner, Loss of Consortium: Adaptation of a Common Law Cause of Action to a Modern Day Reality, 54 UMKC L. Rev. 512 (Spring 1986). The leading case in support of this recovery is Butcher v. Superior Court of Orange County, 188 Cal. Rptr. 503 (Cal. Ct. App. 1983), disapproved of by Elden v. Sheldon, 758 P.2d 582 (Cal. banc 1988). In Butcher, an unmarried couple, Paul and Cindy Forte:

had cohabited for 11...