Alienation of Affection in North Carolina: You CAN Sue the Other Person
North Carolina is one of only 6 states where you can sue the person who destroyed your marriage. Known as "alienation of affection," this lawsuit allows you to recover damages — sometimes millions of dollars — from a third party who interfered with your marital relationship.
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Talk to AI AdvisorThe 6 States That Allow Alienation of Affection Lawsuits
North Carolina
The most active state for these lawsuits. Jury awards have reached $9 million (Shackelford v. Lundquist, 2010). Also allows 'criminal conversation' claims (separate tort for sexual intercourse). 3-year statute of limitations.
Mississippi
Recognized through common law precedent. Fewer cases filed than NC but the law is firmly established.
South Dakota
Vigorously defends this tort. State Supreme Court reaffirmed its validity in 2018, ruling only the legislature can abolish it.
New Mexico
Technically maintains the law but sees very few cases filed in practice.
Hawaii
Both alienation of affection and criminal conversation are available.
Utah
Preserves alienation of affection. Has abolished criminal conversation through judicial decisions.
What You Must Prove
Your marriage had genuine love and affection
You must show the marriage was functioning and had real love before the interference. A marriage already on the rocks weakens your case.
The love and affection was destroyed or diminished
Something changed — your spouse became distant, the marriage deteriorated, separation or divorce followed.
The defendant's conduct caused the destruction
The third party's wrongful and malicious acts were the proximate cause of your marriage's breakdown. This doesn't have to be solely sexual — emotional interference counts too.
Damages & Notable Cases
- ✓$9 million — North Carolina (2010): Shackelford v. Lundquist, largest known alienation of affection award
- ✓$1.75 million — North Carolina (2025): TikTok personality case, demonstrating these lawsuits remain very active
- ✓Damages can include: emotional distress, loss of consortium, loss of income/support, medical costs, punitive damages
- ✓The defendant does NOT have to be a romantic partner — in-laws, therapists, or anyone who maliciously interfered can be sued
- ✓Insurance typically does NOT cover alienation of affection judgments — the defendant pays personally
- ✓Many cases settle before trial to avoid public exposure
Criminal Conversation: The Related Claim
- ✓A separate tort that specifically covers sexual intercourse with someone else's spouse
- ✓Available in North Carolina, Hawaii, and a few other states
- ✓Easier to prove than alienation of affection: just need to show marriage existed + sexual intercourse occurred
- ✓Often filed alongside alienation of affection for maximum leverage
- ✓The defendant cannot argue the spouse consented — consent is not a defense
Practical Considerations
- ✓You have a potential claim in North Carolina — consult an attorney experienced in these cases
- ✓Statute of limitations: typically 3 years from the wrongful conduct
- ✓Evidence needed: communications, financial records, witness testimony, timeline of marriage deterioration
- ✓These lawsuits are public and can be emotionally taxing — weigh the costs vs. benefits carefully
- ✓Some attorneys take these cases on contingency (no upfront cost — they take a percentage of the award)
- ✓Consider whether the defendant has assets to collect from — a judgment is worthless if they can't pay
Every situation is different
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Legal Disclaimer: This article covers North Carolina divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed North Carolina family law attorney for advice specific to your situation.