Alienation of Affection and Criminal Conversation

Given your previous question I’d say a couple of things.

1.) You could probably successfully sue him for CC, however, given that you were separated for 1.5 years back in the mid-80s, it will be much more difficult to prove a case of AA.

2.)As far as her employer goes, if there was nothing within the employer’s handbook that states that coworkers may not date, or had addressed any possibility of romantic involvement of coworkers dating, I’d say your case is very thin. While techinically by law you may sue, you will spend lots of money pursuing a business with little chance of succeeding. Ask yourself what the business’ resources are as far as ability to obtain legal representation.

The employer is walking a thin line. If they have nothing within their policies to prevent coworkers from dating, should they attempt to break up the affair, they could be sued for violation of privacy (unless the actual sex took place on company property).

When contemplating suing for AA/CC keep in mind that they are difficult cases to prove (although the admission in court works in your favor), and they cost a lot of money, easily 10k or more. You have to weigh what possible assets you may obtain against how much it will cost you in court to pursue such litigation. Yes, at the end of it, you may get your attorney fees paid, but you’ll have to pay them up front first, and if he cannot afford to pay them after the case is won, then you will still be ultimately responsible for that. You cannot remove his retirement from him and basically as far as judgements go, you can take assets up to the bankruptcy guidelines (he’ll be able to retain so much worth in a house, car, or clothing). If he cannot afford to pay, you’ll get very little.

  1. If his actions were the reason your wife’s affections were alienated from you then yes you may be able to sue him for alienation of affection.

  2. There is no cause of action that I am aware of against her employer.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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Hi, my spouse left me for another man with whom she worked. She worked at a governmental entity. I have all types of proof that she was conducting the affair before leaving. The guy with whom she was fooling around with has now admitted this on court record as she took him out by a 50B order. The employer/management was aware of this affair and did nothing to stop it.

  1. Can I successfully sue him?

  2. Can I successfully sue her employer?