Heartbreak in the News

You may have seen Alienation of Affections and Criminal Conversation in the news: “Lawsuit filed against N.C. House Speaker Time Moore ‘resolved’.”

North Carolina is one of only a few states that still has these so-called Heart Balm actions.  Although there have been numerous attempts over the years to do away with these laws, the North Carolina Supreme Court has consistently upheld these laws.  These law allow a spouse to sue a third party for acts that alienated the suing party from their spouse, commonly used in cases where one spouse had an extramarital affair.

Another cause of action that tends to go along with alienation of affection is criminal conversation.  Criminal conversation is a tort law (not criminal).  Criminal conversation usually occurs when one spouse has sexual contact with a third person outside of the marriage.  To win a criminal conversation suit, a plaintiff must prove:

• a marriage existed between plaintiff and their spouse; and

• the third party engaged in sexual contact with plaintiff’s spouse during the marriage and prior to separation.

Large verdicts occur, but they are rare. In July 2018, a Durham County Superior Court Judge awarded a plaintiff $2.2 million in compensatory damages and $6.6 million in punitive damages after finding that an affair lasting for over a year harmed plaintiff.  In 2011, a Wake County Superior Court judge awarded a woman $30 million in an alienation of affection case.

For more information, see Family Law.