North Carolina's 'Homewrecker' Laws: How Alienation of Affection Suits Can Cost Millions

In the heat of a breakup, some people may seek revenge—but in certain states, that vengeance can come with a staggering financial cost. North Carolina, along with Mississippi and South Dakota, still permits alienation of affection lawsuits, also known as "homewrecker" cases, where a spouse can sue a third party for allegedly destroying their marriage.

To win such a lawsuit, the plaintiff must prove that the accused individual took actions a reasonable person would expect to end the marriage. These cases are particularly common in North Carolina, where former Sen. Kyrsten Sinema (I–Ariz.) faced a lawsuit in 2025 from the ex-wife of her security guard. According to The Wall Street Journal, Sinema "admitted to the affair but disputed many of the specific claims," arguing the relationship occurred outside North Carolina and has since filed a motion to dismiss the case.

While these lawsuits may seem like symbolic retaliation, plaintiffs often seek—and sometimes receive—substantial payouts. In Sinema’s case, the plaintiff, Heather Ammel, is demanding over $25,000 in compensatory damages for injuries caused by Sinema’s "willful and wanton conduct." This sum pales in comparison to other North Carolina rulings, where there is no cap on compensatory damages.

In November, a North Carolina jury ordered a TikTok influencer accused of seducing a married woman’s husband to pay $1.75 million in damages. Even more staggering, a 2011 case saw a North Carolina woman ordered to pay $30 million to the ex-wife of a business owner in an alienation of affection suit.

How Alienation of Affection Differs from Adultery Claims

Alienation of affection lawsuits are distinct from traditional adultery claims. Plaintiffs do not need to prove that the third party engaged in extramarital sex. Instead, they can sue someone who merely encouraged the spouse to leave or cheat. For example, a person who convinces a spouse to end their marriage could face legal consequences, regardless of whether any physical affair occurred.

States Are Abolishing 'Homewrecker' Laws

Critics argue that these laws are outdated and dehumanizing, treating a spouse’s affections as legal property. Efforts to repeal them are gaining traction. Utah will abolish alienation of affection lawsuits in May, while New Mexico’s Supreme Court struck down the common law tort in January, citing its "anachronistic and deeply inequitable roots." The court noted that the law had "profoundly patriarchal origins" in English common law, when "wives were property of their husbands."

The New Mexico Supreme Court also condemned the tort for treating affections as property and presuming that a spouse has no agency over whom they love. The court’s decision called these lawsuits "inherently dehumanizing."

Should These Lawsuits Exist?

While the emotional toll of infidelity is undeniable, treating a spouse’s affections as legal property raises serious ethical questions. These lawsuits also drag interpersonal conflicts into the courtroom, where money spent on litigation could instead be used for couples counseling, stress relief, or personal healing.

As more states reconsider these laws, North Carolina remains a notable holdout—leaving residents vulnerable to costly, emotionally charged legal battles over broken marriages.