What is Alienation of Affection in North Carolina?

In North Carolina, alienation of affection is a civil legal claim that allows a spouse to sue a third party for deliberately interfering in their marriage. If someone’s wrongful actions cause the loss of love and affection between spouses, the injured spouse may have grounds to file a lawsuit. These cases most often involve extramarital affairs, but interference does not always have to be sexual in nature—any intentional actions that harm the marriage may qualify.

Unlike most states, North Carolina is one of the few jurisdictions that still recognizes alienation of affection claims, making it a unique and powerful legal tool for protecting the sanctity of marriage.

How to Prove Alienation of Affection in North Carolina

To succeed in an alienation of affection lawsuit, the plaintiff must prove:

1. A Loving and Affectionate Marriage Existed
   The marriage had genuine love and affection before the interference.

2. Wrongful Acts by the Defendant
   The third party engaged in intentional actions that negatively affected the marriage.

3. Loss of Love and Affection
   The defendant’s wrongful acts directly caused the loss of love, affection, or consortium within the marriage.

Types of Evidence That Can Help Prove a Case

Proving alienation of affection often requires strong evidence, which may include:

• Love letters, emails, or private messages

• Text messages or social media interactions suggesting an affair

• Hotel or travel records

• Photos, videos, or receipts showing time spent together

• Witness testimony (friends, coworkers, or private investigators)

• Marriage counseling records or testimony from family and friends about the change in the relationship

The more compelling and direct the evidence, the stronger your case will be.

What Damages Can Be Recovered?

If successful, a plaintiff may be entitled to compensation for:

• Emotional distress and mental anguish

• Loss of companionship and consortium

• Damage to reputation or standing in the community

• Punitive damages (in cases of particularly reckless or malicious behavior)

Because awards in these cases can sometimes reach hundreds of thousands—or even millions—of dollars, alienation of affection claims are taken very seriously in North Carolina courts.

Alienation of Affection vs. Criminal Conversation

Clients often confuse alienation of affection with criminal conversation, another “heart balm” tort available in North Carolina. While related, they are distinct:

• Alienation of Affection: Focuses on the destruction of love and affection in the marriage caused by a third party.

• Criminal Conversation: Specifically involves proving that a third party engaged in sexual intercourse with a married person.

In many cases, both claims may be pursued together depending on the facts of the situation.

Why You Need an Experienced Family Law Attorney

Alienation of affection cases are complex, emotional, and highly contested. The legal requirements are strict, and proving your case often requires sensitive investigation and careful presentation of evidence. An experienced family law attorney can:

• Evaluate the strength of your case

• Gather and protect critical evidence

• File the appropriate claims within required time limits

• Represent you effectively in court or during settlement negotiations

Take the First Step Today

If you believe your marriage has been harmed by a third party, you may have the right to pursue an alienation of affection claim. At the Neece Law Firm, we understand how painful these cases can be and are committed to standing by your side with compassion and strong legal representation.

📞 Call (704) 862-0148 today to schedule a confidential consultation and get the legal answers you need about alienation of affection in North Carolina.