In the majority of states, the Married Women's Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity.
Catherine H. Hotes, Tort Actions between Husband and Wife, 9 Clev.-Marshall L. Rev. 265 (1960)