Thank you for your question.
There are three main elements that must be established for a plaintiff to prove alienation of affection (as the plaintiff, they have the burden of proof):
- A marriage with genuine love and affection between Plaintiff and spouse.
- That the love and affection of the spouse was alienated.
- That the wrongful and malicious acts of Defendant were a proximate cause of the alienation of the affections.
Although it is often difficult to prove emotions such as love and affection, tangible expressions of the love and affection such as greeting cards, gifts, notes, and letters can be used, as well as the testimony of the spouse and other witnesses.
For the second element, again the testimony of the spouse that the love and relationship has diminished, as well as testimony of witnesses such as friends or relatives who have witnessed a decline in the relationship can be used. Other evidence can also be presented - for example, if the husband had moved out of the home due to your friendship.
Malice has been defined as acts constituting unjustifiable conduct causing the injury complained of. Evidence of such malice includes the fact that Defendant (you) knew of the marriage between the parties, and acted intentionally in a way likely to affect the marriage. The spouse doesn't have to prove that you are the reason that the marriage broke up, just that you are a reason that the love and affection between the husband and wife has diminished.
Without knowing all the facts and circumstances and the details of your relationship, it's impossible to therefore tell you whether or these elements can be satisfied. Indeed, you are likely in a better position to know this being familiar with your relationship. What is important to realize is that you don't have to have a sexual relationship to be liable for alienation of affection -even an intimate relationship is enough.
That said, you have stated you are simply friends. Being friends with a spouse is not unlawful in any way -lots of spouses have male or female friends and don't claim alienation of affection. Simple acts like visiting one another, hanging out with one another (even if going shopping or out to eat with one another), etc. would not, in my opinion, be enough to constitute an alienation of affection claim.
Furthermore, proving that you acted intentionally to break up the marriage will be difficult, absent proof, such as statements from witnesses that they heard you say that, or emails or letters that you wrote the spouse saying how you wanted her to get a divorce, leave her husband, that you wanted to be with her, etc. If you thought you were just being a good friend and never had any intention of breaking up their marriage, there cannot be an alienation of affection claim.
Please let me know if you have follow-up questions or need clarification. I am here to help.