“There is a three year statute of limitation for criminal conversation and alienation of affection, pursuant to N.C.G.S. Section 1-52(5). This statute starts on the date that alienation occurred, which is determined by a court on a case-by-case basis.”
This would mean that if you are suing for a incident that took place in June '03, then your three years was up June '06. I do not believe that you can use a tape recording of that nature in court because neither party on the tape has knowledge that they are being recorded. Also there wouldn’t be any way to prove that the voice on that recording is his new wife unless she said who she was.
On a side note, from the limited information you have here, he’s trying to stop paying alimony which would be one less point of contact with you. Would that not be one step closer to leaving you alone??