Alienation of Affection in North Carolina: What You Need to Know

Alienation of affection is a unique type of civil lawsuit that exists in only a handful of states — including North Carolina. It allows a spouse to sue a third party (most often, a spouse’s lover) for intentionally interfering with and destroying the love and affection that existed in their marriage. Unlike divorce or custody cases, which focus on dissolving a marriage, an alienation of affection claim targets the outsider whose actions contributed to the breakdown of that marriage.

The Legal Basis
In North Carolina, alienation of affection is considered a “heart balm” tort. These types of lawsuits are based on the idea that marriage is a legally protected relationship. If a third party maliciously interferes with that relationship, they may be held liable for damages. The law does not require proof of sexual intercourse (that falls under a separate claim, called criminal conversation). Instead, the focus is on whether the defendant’s conduct led to the loss of love and affection between spouses.

Elements of Alienation of Affection
To succeed in an alienation of affection case in North Carolina, the plaintiff must prove:
1. A valid marriage existed with genuine love and affection between the spouses.
2. That love and affection was destroyed or alienated.
3. The wrongful and malicious acts of a third party caused the loss of love and affection.

Importantly, the plaintiff does not need to prove that the marriage was perfect — only that some degree of genuine love and affection existed before the third party’s involvement.

Common Defenses
Defendants often argue:
• The marriage was already failing before they became involved.
• No genuine love or affection existed between the spouses at the time of the alleged conduct.
• Their actions did not directly cause the breakdown of the marriage.

Damages
A successful claim can result in significant monetary damages, including:
• Compensatory damages for emotional distress, humiliation, and loss of consortium.
• Punitive damages to punish and deter malicious behavior.

In North Carolina, alienation of affection verdicts have reached hundreds of thousands — and in some cases, even millions — of dollars.

Criticism and Controversy
Alienation of affection lawsuits are controversial. Critics argue that they are outdated, punitive, and encourage vindictive litigation. Supporters, however, maintain that these claims help protect the sanctity of marriage and hold accountable those who intentionally interfere in family relationships. North Carolina remains one of the few states where alienation of affection is alive and well, despite periodic legislative attempts to abolish it.

Why It Matters in North Carolina
Because the tort is still recognized, alienation of affection can play a strategic role in divorce and separation proceedings. Even if not pursued all the way to trial, the potential for a claim can influence settlement discussions and marital negotiations.

Final Thoughts
Alienation of affection is a powerful, if controversial, legal remedy unique to states like North Carolina. It allows spouses to seek accountability and damages when a third party interferes with their marriage. At Adkins Law, PLLC in Huntersville, NC, we guide clients through complex family law matters, including divorce, custody, equitable distribution, and unique claims like alienation of affection. If you believe your marriage has been harmed by the wrongful actions of a third party, our firm is here to help you understand your rights and options.