Is the Alienation of affections law fair?

One of the questions in this weeks show is. Does the spouse of the person you are having an affair with have the right to sue you for breaking up their marraige?

At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.