Short answer, no.
Longer answer, still no.
I have lost count of the number of times I have been asked this question. Oklahoma abolished Alienation of Affections and similar torts back in 1976. However, some people still believe this is a thing. In this article we will clear this up. So, the next time you hear someone ask this question at a party, you will be in the know!
Some States Still Recognize Alienation of Affections Actions
In 2021, there are only a handful of states left that still recognize Alienation of Affection lawsuits:
- Hawaii,
- Mississippi,
- New Mexico,
- North Carolina,
- South Dakota,
- Utah.
However, this number may soon be one less. There is legislation in North Carolina, SB 459 and HB 489, that would eliminate this type of action.
Back Door Approach?
While you still can’t sue your spouse’s new love interest, sometimes there may be a property division claim against the spouse. If a spouse has spent marital assets to support their affair, there may be a claim in the property division of a divorce. This can be difficult and expensive to prove, but may be possible in certain circumstances. I think it would have to be a very significant amount in question to justify the time and expense necessary to jump through these hoops. So, as a practical matter you don’t see this type of claim very often.
Another angle might be feelings of guilt. If the cheating spouse feels guilty, maybe they will be more reasonable in settlement negotiations. However, I would not hold your breath on this one either. Not all cheating spouses feel guilty. My opinion would be that most don’t. So, this may or may not result in any leverage.
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Copyright 2023. Pete D. Louden, Louden Law, PLLC. All Rights Reserved.