Alienation of Affection claims have become more common throughout the last several years. North Carolina is only one of a handful of states that continue to recognize this tort and allows a spouse to be compensated for the loss of consortium of the alienated spouse by the actions of a third party. As such, the claim is filed against the third party, not the other spouse.
In fact, a plaintiff must be able to establish: (1) that there was a marriage with love and affection; (2) that the love and affection was alienated and destroyed; and (3) that the defendant caused the loss of love and affection with malice.In fact, a plaintiff must be able to establish: (1) that there was a marriage with love and affection; (2) that the love and affection was alienated and destroyed; and (3) that the defendant caused the loss of love and affection with malice.
Alienation of affections is a tort not be confused with criminal conversation (adultery) which allows a spouse to sue a third party for engaging in sexual intercourse with his or her spouse.
Alienation of affection claims have received a significant amount of notoriety recently especially in light of the Shackelford case in Greensboro, North Carolina in which a jury made the state's highest award in the amount of 9 million dollars for alienation of affections and criminal conversation, among other claims.
While this amount is unprecedented for alienation of affections claims, it has not been uncommon for courts in North Carolina to award sizeable awards in the hundreds of thousands of dollars.
Alternatively, if you are being accused of these allegations as a third party to a marriage, it is important that you have legal representation to advocate for your interests, especially in light of recent number of high dollar damages awards.
Please call our firm at (919) 876-3300 to discuss your case with a family law attorney.