Alienation of Affection

In North Carolina, an "alienation of affection" lawsuit allows a married person to sue a third

party who allegedly interfered with their marriage and caused their spouse to lose affection.

Alienation of affection is the malicious and wrongful alienation of a genuine marital

relationship between the plaintiff and their spouse. There are some differences depending

on whether the cause of action arose from acts before or after October 1, 2009. The North

Carolina Supreme Court held in 2006 that sexual conduct occurring after a married couple

has separated, but before their divorce, is sufficient to support claims for alienation of

affection. Mccutchen v. Mccutchen, 360 N.C. 280,624 S.E.2d 620 (2006). However, in

2009, the General Assembly codified alienation of affection in a statute specifically limiting

the torts to arise only from acts committed prior to a married couple's separation. N.C.

Gen. Stat.§ 52-13(a).