AN OPEN – AND SHUT – CASE

Jada Pinkett Smith, wife of star Will Smith, surprised people by suggesting she and her husband had an “open relationship”. In the May 6, 2013 edition of US Weekly magazine she explained that they do not have an “open” relationship, merely a “grown” one. Her initial remarks created controversy because open relationships are generally understood to be those in which both partners have agreed that they may engage in sex with third parties. There is no law against open relationships in Louisiana. However, if one partner withdraws from the agreement, the other’s continued third party sex can form the basis of a divorce on the grounds of adultery. Louisiana public policy forbids the enforcement of a promise to allow a spouse to have sex with others at will.