Emotions can run high during a divorce. For many, the stress doesn’t stop when the legal paperwork is finalised. If your ex’s behaviour deeply hurt you, you might wonder if you can take legal action. From a UK legal standpoint, suing for emotional distress is possible — but not in every situation.

Let’s look closer at when you might have a claim, what you’ll need to prove, and what options are available.

What Counts as Emotional Distress?

In legal terms, emotional distress means serious psychological suffering. It might involve anxiety, depression, or trauma caused by someone else’s actions. In the context of divorce, not all distress qualifies for compensation.

To claim damages, the court will expect evidence that your ex’s conduct was far beyond ordinary disagreements or personal issues. This usually involves behaviour that is abusive, threatening, or deliberately harmful. Things like name-calling, cheating, or arguing — while painful — rarely meet the legal threshold.

Can You Sue Your Ex After Divorce?

There are a few situations where the law may allow you to take action. These usually fall under existing legal protections. The following examples are the most common grounds used in a personal injury claim based on emotional harm:

1. Domestic Abuse

Emotional or psychological abuse can form the basis of a claim. If your ex used intimidation, manipulation, or threats during or after the marriage, you might have a case. Abuse doesn’t have to be physical to be taken seriously. The UK government’s guide to domestic abuse outlines your legal rights and where to seek help.

2. Harassment

Harassment involves unwanted and repeated behaviour that causes distress. This can include excessive texting, phone calls, following you in public, or online abuse. The Protection from Harassment Act 1997 sets the rules for bringing a harassment claim. If proven, it may lead to damages for emotional harm.

3. Defamation

If your ex has made false statements that damaged your reputation and this caused emotional pain, you could consider a defamation claim. To succeed, you must show the statement was untrue, made to others, and harmed your standing.

What You Need to Prove

Even when grounds exist, suing for emotional distress requires clear and strong evidence. Courts expect more than just personal statements. Supporting proof may include:

  • Medical reports from your GP or therapist showing the emotional impact
  • Police report if abusive behaviour was reported
  • Messages or emails showing threatening or upsetting content
  • Statements from people who saw or heard the behaviour and its effect on you

These records help show how serious the emotional damage is and link it to your ex’s actions.

Alternatives to Taking Legal Action

Court cases can be long, expensive, and emotionally draining. Before making a claim, it’s worth exploring other ways to heal and move forward:

  • Counselling can help deal with trauma or stress
  • Mediation services can help resolve ongoing disputes more calmly
  • Support groups offer connection with people in similar situations

These options may not provide financial compensation but can give emotional relief without legal complications.

Final Thoughts

Suing for emotional distress after divorce is legally possible in the UK — but only in specific cases. The law focuses on serious and harmful behaviour, not general heartbreak or conflict. To make a strong case, you’ll need clear evidence and legal advice. If your emotional suffering is ongoing, help is available even outside the court system.