Alienation of Affection

North Carolina law provides a remedy for a person who feels another has interfered with his or her marriage, alienating the affection of his or her spouse. Recently, John Edwards' mistress was interviewed by Oprah, candidly admitting that she had entered into a sexual relationship with him knowing that he was married.

The mistress contends that the Edwards' marriage was over prior to her meeting John Edwards. Elizabeth Edwards has a potential cause of action for Alienation of Affections against the mistress. Should Elizabeth Edwards elect to sue her, Mrs. Edwards would have to show that (1) the Edwards had an intact relationship (2) which was undermined and destroyed by the actions of an interloper in order to win.

I was shocked to see that the mistress was so blatantly unapologetic about her role in the Edwards' separation. I was also shocked to see that an attorney had not advised her to keep her own counsel in this regard.

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.