Understanding Alienation of Affection Laws in North Carolina
What is Alienation of Affection?
Considered to be outdated by many, North Carolina continues to recognize the heart balm tort of Alienation of Affection. This tort is recognized by very few states and allows a spouse to sue a third party for depriving the petitioning spouse of love and affection from their spouse (ie the cheating spouse). Note: it is not a claim against the cheating spouse, rather it is a claim against the third party who has caused the alienation and destruction.
An Alienation of Affection case cannot be brought up solely because a marriage does not work out- rather the third party must have purposely played a role in the end of the loving marital relationship. These types of lawsuits can be difficult to win, and such cases are a prime example of an emotional rollercoaster sanctioned by the judicial system.
How does one sue for Alienation of Affection?
As with any lawsuit, there is a unique burden that the petitioning spouse must show in order to prevail in an Alienation of Affection lawsuit, such as:
- The spouses were in a valid marriage with genuine love and affection;
- The love and affection between the spouses was destroyed and alienated;
- The wrongful and malicious behavior of the third party (paramour, in-law, etc.) was the cause of the destruction and alienation;
- The wrongful and malicious behavior occurred prior to the spouses’ date of separation (which can be inferred by the finder of fact based on actions occurring after the date of separation); and
- The destruction and alienation actually cause a damage for which the law can provide a relief.
How does somebody prove that there was genuine love in the relationship?
The existence of a marital relationship alone does not prove that there is genuine love and affection in the relationship. The law recognizes that many people marry for reasons other than love and companionship. It may seem silly but old love letters, texts, pictures, and other displays of affection can be utilized as evidence in a trial for Alienation of Affection. The petitioning spouse may also decide to ask friends and family that knew the spouses well to testify to the love and affection they previously saw in the marriage. Most challenging is showing that the level affection and love changed due to the third party’s actions and around that same time period.
What if somebody sues me for Alienation of Affection?
There are a few different ways to defend against an Alienation of Affection lawsuit. Here are a few notable strategies:
- Separation: The tort requires that whatever wrongdoing the third party committed had to occur while the couple was still together. This means that if the act occurred after the couple was separated according to North Carolina law, Alienation of Affection laws may no longer apply to the situation.
- Statute of limitations: The statute of limitations for alienation of affection requires the lawsuit be brought within three years of the last act by the third party that brought rise to the cause of action.
- Initial lack of love: As mentioned above, love is not assumed between a married couple. If the relationship lacked love originally, the third party could certainly use that factor as a defense in the lawsuit.
- Open marriage: If the spouses had agreed to have an open-relationship or consented to their spouse having an affair, it will be incredibly difficult for them to prove Alienation of Affection.
At the end of the day, Alienation of Affection lawsuits can be emotionally draining and time consuming; but such a case may be worth pursuing if you feel that a third party intentionally destroyed the marriage.
If you or somebody you know is navigating an Alienation of Affection claim, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where Theresa’s legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Allyson R. Koop and Theresa E. Viera
