constructive abandonment

Constructive abandonment refers to a legal concept primarily used in family law, where one spouse's behavior is so detrimental to the marital relationship that it forces the other spouse to leave the marriage. This behavior does not necessarily involve physical abandonment but rather can be emotional or psychological actions that make the marital environment untenable for the aggrieved spouse.

Inclusive Elements

• Refusal of sexual intercourse without justification for an extended period.
• Continual psychological or emotional abuse.
• Failure to provide financial support or basic necessities when able to do so.
• Creating a living situation that is hazardous or unbearable for the other spouse.

Exclusive Elements

• Short-term disagreements or conflicts within the marriage.
• Physical separation due to external factors like employment without the intent to abandon.
• Actions taken with mutual consent or understanding between spouses.

Exceptions and Qualifications

• Duration of behavior: The behavior leading to constructive abandonment must be sustained over a significant period, not merely episodic.
• Proof of intent: It must be demonstrated that the behavior was not accidental but rather indicative of an intent to end the marital relationship.