Alienation of Affection in North Carolina

What Is Alienation of Affection?

Alienation of affection is a tort, or a civil wrong, that allows an individual to sue a third party for intentionally causing the breakdown of their marriage. This claim essentially states that the third party's actions have deprived one spouse of the love, companionship, and support of the other spouse, leading to a loss of affection in the marriage.

Note that this claim can only be pursued if the couple was married and living together at the time of interference.

What Is the History of Alienation of Affection Lawsuits in North Carolina?

The origins of alienation of affection laws date back to English common law and were eventually adopted by several US states, including North Carolina. The concept was initially based on the idea that a husband had a property interest in his wife's affections and that any interference with this interest could be compensated through damages. Over time, the laws evolved to include both husbands and wives as plaintiffs in alienation of affection lawsuits.

How Does Alienation of Affection Work in North Carolina?

To file a successful claim for alienation of affection in North Carolina, the following elements must be proven against the Defendant:

1. Existence of marriage characterized by genuine love and affection.
2. The love and affection of one spouse for the other was destroyed.
3. The wrongful and malicious conduct of the Defendant is the controlling cause fo the alienation.  

If these elements are met, the plaintiff may be awarded monetary damages for the loss of affection, as well as punitive damages to punish the defendant for their wrongful actions.

What Are Common Types of Interference in Alienation of Affection Lawsuits?

In North Carolina, a third party can be held liable for alienation of affection if they have engaged in any of the following behaviors:

• Engaging in an extramarital affair with one of the spouses
• Persuading or encouraging one spouse to file for divorce
• Making derogatory statements about one spouse to the other, such as spreading rumors or making false accusations
• Physically preventing one spouse from spending time with their partner
  

What Are Defenses in Alienation of Affection Lawsuits?

The defendant can argue against an alienation of affection claim by presenting the following defenses:

• The marriage was already damaged before the alleged interference.
• The defendant did not act intentionally or maliciously.
• There is a lack of sufficient evidence to prove that the defendant's actions caused the loss of affection between the spouses.
  

What Is the Controversy Surrounding Alienation of Affection Lawsuits?

While alienation of affection laws were initially created to protect the sanctity of marriage, they have become a topic of controversy in recent years. Many attorneys and legal scholars argue that these lawsuits promote victim-blaming and are outdated in today's society, where divorce is more widely accepted. Some also claim that these lawsuits can be used as a form of financial gain or pressure in high-conflict divorces.

As a result, there have been several attempts to abolish alienation of affection laws in North Carolina and other states but it remains a valuable cause of action. 

Do You Have an Alienation of Affection Lawsuit?

If you feel that you have a valid case, then contact the lawyers at Allan Brandon Tise PLLC. We can help you understand what your best options are and answer any questions or concerns you may have.