Alienation affections 2025

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The person filing an Alienation of Affection lawsuit must show 3 things: The person and their spouse were married and a genuine love and affection existed between them. The love and affection was alienated and destroyed. The wrongful and malicious acts of the third party alienated the affection of plaintiffs spouse.
: the diversion of a persons affection from someone (as a spouse) who has certain rights or claims to such affection usually to a third person who is held to be the instigator or cause of the diversion.
Most states adopted such laws in the 19th century. Later, wives were given the power to sue, too. Today, alienation of affection is cause for legal action in only eight states: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota and Utah.
Million-dollar verdicts have not been uncommon in North Carolina for alienation of affection and emotional distress. In March 2010, a wife won a $9 million suit against her husbands mistress.
For example, a spouse could file an alienation of affection lawsuit if their spouse had an affair that caused a decline of marital love and affection and eventually led to divorce.
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Alienation of affection is a common law tort that allows a spouse to sue a third party believed to have intentionally interfered in the marriage, essentially causing loss of affection. (A tort is a civil wrongdoing that causes harm or loss to another person).

alienation of affection