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Alienation of affection is a mostly outdated law that allows a spouse to sue an individual that causes their other spouse to end their marriage .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 proceedings, the 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. Usually, these cases involve a spouse suing someone who encouraged the other spouse to cheat during the marriage, but 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 action , six 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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