When a marriage falls apart, it’s usually because of problems between the spouses. But in North Carolina, there’s a unique legal claim that allows a spouse to take action against a third party (someone outside the marriage) if that person played a role in destroying the marriage. This is called alienation of affection.
What Is Alienation of Affection?
Alienation of affection is a civil lawsuit that one spouse can file against a third party who is accused of intentionally causing the loss of love and affection in a marriage. The most common scenario involves a spouse suing a lover who had an affair with their partner, but it’s not limited to that. Friends, family members, or anyone who actively worked to break up the marriage could potentially be sued under this claim.
Why Does North Carolina Still Recognize This Claim?
Most states have abolished alienation of affection, but North Carolina is one of the few where it’s still recognized. The reasoning is that marriage is seen as a protected relationship, and someone who intentionally interferes with that bond can be held accountable.
What Does the Spouse Have to Prove?
To win a case for alienation of affection, the plaintiff (the spouse filing the lawsuit) must show:
- The marriage had genuine love and affection.
- That love and affection were destroyed.
- The third party’s actions were a significant cause of the breakup.
It’s not necessary to prove that the third party intended to break up the marriage—just that their actions led to the loss of love.
Is It the Same as Criminal Conversation?
No. While they are often mentioned together, alienation of affection and criminal conversation are two separate claims. Criminal conversation is also a third party claim, but deals specifically with proof of an affair. Alienation of affection is broader and can involve situations where no affair happened but a third party intentionally damaged the marriage.
Are These Cases Common?
Alienation of affection cases are rare, but they still make headlines because of the emotional and financial stakes involved. High-dollar verdicts are possible, but so are settlements. Often, these claims are used as leverage in divorce negotiations.
Why Would Someone File This Lawsuit?
For some people, it’s about accountability. It’s not just about the spouse who was unfaithful but also about holding the third party responsible for their role in destroying the marriage. For others, the claim can offer financial compensation for emotional suffering and other damages.
Considering a Claim?
Alienation of affection cases are complicated and often emotional. They require clear evidence and a careful legal strategy. If you’re considering filing this kind of lawsuit, it’s important to work with an attorney who understands how these claims are handled in North Carolina courts.