The 3 Proofs of Alienation of Affection

The 3 Proofs of Alienation of Affection

North Carolina is one of the few remaining states that still recognize a legal claim for alienation of affections. Essentially, this law allows a spouse to sue a third party for interfering with their marriage by “stealing” their partner’s love and affection. While this concept may seem archaic, it continues to be a viable legal option for those who believe their marriage has been irreparably damaged by the actions of another.

To successfully bring a claim for alienation of affections, a plaintiff must prove three elements:

1. A preexisting loving marital relationship. North Carolina case law says that the marriage does not have to be perfect, as all marriages have their flaws; however, the plaintiff must demonstrate that a genuine and loving marital relationship existed before the interference. For example, the plaintiff may show that he and his spouse had a good relationship, attended church, vacationed with their children and even fought like a married couple might. The defendant may argue that their marriage had been doomed for years! Who becomes a critical witness? The spouse who was having the affair.
2. Alienation of the spouses’ affections. The plaintiff must show that the defendant’s actions caused a significant decline or destruction of the marital bond. Notice the word of art is “significant”. What is significant? The answer will depend largely on the totality of the evidence but the point to note is that it may not be the ONLY reason their bond was broken
3. Wrongful conduct. The plaintiff must prove that the defendant’s actions were malicious and intentional, with the goal of disrupting the marriage. It’s important to note that while sexual infidelity is often associated with these cases, it is not required. Any behavior that intentionally drives a wedge between spouses can potentially form the basis of a claim for alienation of affections.

Think you might have a case for alienation of affections? You should consider these other factors before filing your lawsuit as well.

1. Know Your Jurors. Critics of the law argue that it is outdated, invasive of privacy, and can lead to frivolous lawsuits. They point out that in many cases, marital problems are complex and stem from issues within the marriage itself, rather than the interference of an outsider. Moreover, critics contend that the law can be used as a tool for revenge or to harass a former lover. Typically, jurors in more progressive counties are more critical of this law while jurors in smaller counties with more conservative citizens are more likely to support it.
2. Can you recover? Before deciding to file a lawsuit for alienation of affection, you should consider whether you can collect from your spouse’s lover, who is also referred to as “the paramour” or the defendant in your lawsuit. You may have a slam dunk case, but if you can’t recover any damages, then it is not worth the expense pursuing it. Is it the principle or the damage (funds) that you lost as a result of the interference? This is often why the claim is referred to as a heartbalm tort – something that makes someone feel better or calms their fears.
3. Are you prepared to fight? Litigating a claim for alienation of affections requires mental toughness. Litigation can be a complex and time-consuming process, often involving legal fees and emotional stress. The details of your marriage and the relationship that is arguably the reason your marriage ended becomes center stage to a judge and often a courtroom full of jurors. Before deciding whetherto file, you’ll want to be sure you’re prepared to endure this process.