Alienation of Affection

In North Carolina, “alienation of affection” is a legal claim that is pursued outside of family court, but typically becomes entangled with divorce and separation matters when marital infidelity is involved.  . It allows a spouse to sue a third party who has interfered with the marital relationship, alleging that this interference led to the alienation of affection and ultimately to the breakdown of the marriage.

An experienced North Carolina family law attorney is able to hear you out to determine if pursuing an alienation of affection case is right for your situation by considering the following facts and circumstances.

Elements of Alienation of Affection

To successfully pursue an alienation of affection claim in North Carolina, the plaintiff (the spouse alleging alienation) must typically prove three elements:

  1. The existence of a genuine loving relationship between the spouses.
  2. The malicious conduct of the third partywhich contributed to the alienation of affection.
  3. Damage suffered by the plaintiff as a result of the alienation, which may include emotional distress and the dissolution of the marriage.

Will This Help Me Determine “Fault” in My North Carolina Divorce?

North Carolina is a “no-fault” divorce state, meaning that spouses can seek a divorce without having to prove fault or blame for the breakdown of the marriage. However, alienation of affection claims provide an exception to this rule by allowing a spouse to seek damages against a third party for their role in the marital breakup.

To pursue an alienation of affection, there are restrictions and a demand on the plaintiff to provide specific proof in order for the case to move forward to a favorable outcome.

Statute of Limitations

There is a statute of limitations for filing alienation of affection claims in North Carolina, typically within three years from the last act of the alleged misconduct.

Burden of Proof

The burden of proof in alienation of affection cases is on the plaintiff, who must demonstrate by a preponderance of the evidence (i.e., more likely than not) that the elements of the claim have been met.

Damages in North Carolina Alienation of Affection Cases

If successful, the plaintiff may be awarded compensatory damages, which can include monetary compensation for emotional distress, loss of consortium (the loss of companionship and support), and other related harms.

Defending Against Claims of Alienation of Affection

Defenses to alienation of affection claims may include lack of malicious intent on the part of the third party, consent or forgiveness by the plaintiff spouse, or lack of causation (i.e., the alleged interference did not actually contribute to the breakdown of the marriage).

Controversy Surrounding NC Alienation of Affection Laws

Alienation of affection laws have been the subject of controversy and criticism, with some arguing that they are outdated and encourage unnecessary litigation. However, proponents of these laws contend that they provide a means of seeking accountability for wrongful conduct that damages marital relationships.

It is important for individuals considering pursuing or defending against an alienation of affection claim in North Carolina to seek legal advice from a qualified attorney familiar with North Carolina family laws.