alienation of affection
Alienation of affection is a mostly outdated law that allows a spouse to sue an individual that causes their other spouse to end their marriage. Separate from any divorce proceedingsthe spouse bringing an alienation of affection suit must show that the accused individual took steps that a reasonable person would expect and did result in the ending of the affectionate marriage between the couple. Usuallythese cases involve a spouse suing someone who encouraged the other spouse to cheat during the marriagebut an alienation of affection claim can be brought based on other grounds such as someone encouraging a person to divorce their spouse. While most states outlawed the cause of actionsix states still allow alienation of affection claims as of 2021 with million dollar damages being awarded in North Carolina recently.
[Last reviewed in December of 2021 by the Wex Definitions Team]
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