Alienation of Affection and Criminal Conversation in North Carolina

Divorce and separation

North Carolina is one of a handful of states where a third party can still be sued for interfering with a marriage. Most people learn this the day they are served.

On this page

1. Two rare claims
2. Who can be sued
3. What it means practically
4. If you have been sued

Read the complete guide

This article is a short overview. For the full treatment, including the September 2026 Davidson County verdict, damages, defenses and the leading appellate decisions, read Alienation of Affection in North Carolina: The Complete 2026 Guide.

Two claims almost nowhere else has

North Carolina is one of a small handful of states that still recognize heart balm torts. These are civil claims brought against a third party — not against the spouse — arising from interference with a marriage. People are routinely astonished to learn they exist, usually at the worst possible moment.

The two claims, side by side

Who can be sued

The defendant is the third party: the person the spouse became involved with. In some cases it has been others who interfered with the marriage. The claims do not run against the spouse, which surprises people who assume this is a way to sue their husband or wife.

Conduct after the date of separation is generally not actionable, though post-separation conduct can sometimes be used as evidence that corroborates pre-separation behavior. That makes the date of separation, once again, the hinge.

What this means practically

• If you are separated but not divorced and are seeing someone, your new partner may have exposure.
• Homeowner and umbrella insurance frequently exclude intentional torts, so a judgment can be uninsured.
• These claims sometimes appear as leverage in a negotiation, which is a reason to get advice rather than to panic.
• They interact with alimony: illicit sexual behavior before separation can bar or require a support award.

If you have been sued

Do not contact the plaintiff. Preserve everything, including messages you would rather not preserve. Tell your own attorney the facts fully and early. Defenses exist — the marriage may already have been without love and affection, the timeline may not support the claim, the conduct may fall after separation — but they depend on evidence, and evidence depends on not having deleted it.

People discover these claims exist at the moment they are served. That is the most expensive moment to learn about them.Christopher Adkins, Adkins Law

Adkins Law handles both sides of these claims. See heart balm torts at Adkins Law.

Frequently asked questions

What is alienation of affection?

A civil claim against a third party whose conduct was a controlling cause in destroying the love and affection between spouses.

What is criminal conversation?

A civil claim against a third party based on sexual intercourse with someone else’s spouse during the marriage.

Can I sue my spouse?

No. These claims run against the third party, not against the spouse.

Does conduct after separation count?

Generally not actionable, though post-separation conduct can sometimes corroborate pre-separation behavior.

Is a judgment covered by insurance?

Often not. Homeowner and umbrella policies frequently exclude intentional torts.

Get advice before you assume you are safe

Whether you are considering a claim or have been served with one, the analysis turns on the timeline and the evidence. Adkins Law handles both sides.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• Divorce and separation
• Alimony and marital misconduct
• How a family case works
• Contact Adkins Law

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.