The Emotional and Financial Pros and Cons of Filing an Alienation of Affection Lawsuit in North Carolina
- kingrowelaw
- 5 hours ago
- 3 min read
Alienation of affection lawsuits are one of the most unique and emotionally charged types of legal actions allowed under North Carolina law. These claims allow a spouse to sue a third party—typically a romantic partner—for intentionally interfering in and destroying a marriage. But should you actually file one? The answer requires a careful look at both the emotional toll and financial implications.
At King & Rowe, Attorneys at Law, our Hickory-based local attorneys provide honest counsel to help you understand whether pursuing such a lawsuit aligns with your goals and your healing.
What Is Alienation of Affection Under North Carolina Law?
North Carolina is one of only a handful of states that still allow civil claims for alienation of affection. You can read the relevant tort background and court decisions in the North Carolina General Statutes and case law interpretations such as:
To succeed in a claim, you must show:
A loving, affectionate marriage existed.
That love and affection was alienated and destroyed.
The defendant’s wrongful and intentional conduct caused the loss of affection.
This is a civil lawsuit, not a criminal charge, and it is often paired with a similar tort: criminal conversation, which requires proof of sexual conduct.
Emotional Pros of Filing
1. Emotional Validation
Bringing a lawsuit often helps people feel heard. You are telling the court—and your community—that what happened to you matters. Many plaintiffs report emotional closure after a verdict in their favor.
2. Accountability for the Third Party
Especially in cases of adultery, the person outside the marriage may have caused irreparable harm to your relationship. A public lawsuit can hold them accountable for their role in the breakdown.
3. Empowerment
For spouses who felt powerless during the affair or deception, filing a claim allows them to regain control and take a proactive step in seeking justice.
Emotional Cons of Filing
1. Re-Traumatization
Legal proceedings force both spouses to revisit painful events. You may be deposed, cross-examined, and forced to testify about deeply personal aspects of your marriage.
2. Public Exposure
Alienation of affection claims may become public records. Your private life—texts, emails, photographs, and more—can be scrutinized in open court.
3. Impact on Children or Family
If children are involved, a public legal dispute can complicate custody or cause emotional confusion. Extended family members may also be pulled into depositions or testimony.
Financial Pros of Filing
1. Significant Monetary Awards
North Carolina courts have awarded six- and seven-figure verdicts in alienation of affection cases. In one case, a Forsyth County jury awarded $750,000 to a husband whose wife had an affair. (Source – WRAL News)
2. Potential Leverage in Divorce Proceedings
While not directly part of divorce, these claims can influence spousal negotiations on alimony and equitable distribution, especially if the defendant is connected to your spouse financially or socially.
3. Punitive Damages Available
In some cases, courts may award punitive damages on top of compensatory damages, especially if the defendant acted with malice or reckless disregard for your marriage.
Financial Cons of Filing
1. Legal Fees and Case Costs
These lawsuits can be expensive. Expert witnesses, private investigators, and hours of attorney preparation drive up costs. Most attorneys require an upfront retainer, and attorney’s fees are rarely recoverable unless specified in a settlement.
2. Risk of Non-Recovery
Even if you win, collecting on a judgment can be difficult. If the defendant lacks assets or declares bankruptcy, you may recover little or nothing.
3. Delay and Disruption of Divorce Proceedings
Filing this claim can stall or complicate your divorce, especially when both cases are litigated simultaneously. The added stress may interfere with your ability to resolve child custody, alimony, and equitable distribution efficiently.
Is Filing the Right Choice for You?
Filing an alienation of affection claim isn’t just about money—it’s about healing. But the emotional cost must be weighed against the potential financial reward. Some clients walk away satisfied; others regret the emotional drain. It all depends on your personal goals, your financial circumstances, and the strength of your evidence.
At King & Rowe, Attorneys at Law, we guide clients through this decision with compassion, discretion, and legal clarity. We’ll help you understand how your case stacks up under North Carolina law, and whether litigation is worth pursuing—or if private resolution is the better path.
Contact Our Hickory-Based Alienation of Affection Attorneys Today
If you're considering filing an alienation of affection lawsuit in North Carolina—or just need to better understand your rights—schedule a confidential consultation with the local attorneys at King & Rowe, Attorneys at Law. We serve clients across Hickory and surrounding areas with honesty, empathy, and a fierce commitment to justice.
📍 King & Rowe, Attorneys at Law 11 East A Street, Newton, North Carolina 28658
📞 828.466.3858
Commentaires