Wednesday, April 14, 2010

North Carolina's Alienation of Affection Case Law

North Carolina still has a cause of action for Alienation of Affections. A person who causes the breakdown of a marriage may be sued in tort by the injured spouse. While typically these lawsuits are filed against the former spouse's paramour, they are not limited to causes solely based on adultery as a cause of the breakdown of the marriage. In order to win such an action, the Plaintiff must show that love and affection existed between the spouses and that the marital relationship was broken by the actions of the Defendant.

Several cases have brought verdicts of over a million dollars. A recent North Carolina case had a $9 million dollar verdict.

Virginia law does not provide for any such remedy.

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