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Sometimes. A spouse may be able to sue a third party for alienation of affection, but only where the relevant state still recognizes that civil claim and the facts meet that state’s legal test. The claim is not available everywhere, and a “homewrecker” label is not itself a cause of action.
What is an alienation-of-affection lawsuit?
Alienation of affection is a civil claim in which one spouse alleges that a third party wrongfully caused the loss of affection in the marriage. It is sometimes described in everyday language as suing a spouse’s affair partner, but the legal issue is not simply whether an affair happened. The claim’s elements, available defenses and potential damages depend on the jurisdiction.
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For example, South Dakota’s appellate court describes three elements under that state’s law: wrongful conduct undertaken with the specific intent to alienate one spouse’s affection from the other; loss of affection or consortium; and a causal connection between the conduct and that loss. That is South Dakota’s test, not a nationwide rule. Read the South Dakota appellate opinion.
Where can you bring the claim?
State law determines whether alienation of affection is recognized. A North Carolina Court of Appeals opinion lists Hawaii, Mississippi, South Dakota and Utah, in addition to North Carolina, as jurisdictions recognizing the claim. That list is dated and should not be treated as a current nationwide count: Utah has since enacted a repeal scheduled to take effect May 5, 2027, and a reported New Mexico change could not be verified against an official opinion in the material available for this article. See the North Carolina Court of Appeals discussion and Utah S.B. 109.
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Utah’s repeal is not yet effective as of October 7, 2026. S.B. 109, enacted in the 2026 General Session, abolishes the right of action beginning May 5, 2027. A claim involving Utah therefore requires advice based on the relevant dates and circumstances, rather than an assumption that the future-effective repeal already applies. Check the Utah Code provision.
How do timing and separation affect a North Carolina claim?
North Carolina has a specific statutory cutoff: an act occurring after the spouses physically separate, when either spouse intends the separation to remain permanent, cannot give rise to an alienation-of-affection claim. The rule is in G.S. 52-13 and applies to claims under North Carolina law; it should not be assumed to govern other states. Read North Carolina G.S. 52-13.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should you check before filing?
Recognition of the claim is only a starting point. Before deciding whether to sue, get current advice from a lawyer licensed in the relevant jurisdiction. Ask about:
- Whether the state recognizes the claim on the dates that matter to your situation.
- What conduct and intent the state requires, and what evidence could establish causation.
- How preexisting marital problems or a separation may affect the claim.
- The filing deadline, any discovery rule, and the proper court or venue.
- How the parties’ connections to the state and the location of the alleged conduct affect which law applies.
- Potential damages and defenses under current local law.
There is no reliable nationwide filing deadline or universal test to apply. Do not rely on a generic online summary for a deadline or assume that an older list of states remains current. A local attorney can assess the governing law and whether the facts support a claim.
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