Alienation of Affection


The statutes for Criminal Conversation are 3 years from the date of the last sex act. The statutes for Alienation of Affection can be successfully argued to be within 3 years of the time that the alienation is complete, and sex isn’t a required element for prosecution, only that you were the principal factor in the dissolution of the marriage by coaxing her emotionally away from her husband. This means that if you two stay in contact, but she leaves him for you twenty years later, he still techinically could sue for alienation of affection within 3 years of her leaving the marriage.

There have been cases successfully prosecuted where the person returned then left again, but didn’t go back to the person they had committed the affair with. There’s no necessity to prove that the two in the affair are still involved with each other, only that the paramour was the principal cause of the alienation of affection.

If he indeed did hack into her email without legitimate access to her passwords, then that particular evidence is inadmissible. You’d have to be able to prove that he was not given access to passwords or the account in any way, though. Even then, any post-separation contact between you two could be used as evidence of a pre-existing affair.


Is it still alienation of affection if she initiated contact? Doesn’t he have to prove that the amrriage wasn’t broken before she called me? My attorney has advised me that this is very difficult to prove and very costly. So his emails are not admissable in court since they where on her private email accounts?


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[i]Originally posted by athos[/i] [br]
[i]Originally posted by g2guy[/i] [br]Is it still alienation of affection if she initiated contact? Doesn't he have to prove that the amrriage wasn't broken before she called me? My attorney has advised me that this is very difficult to prove and very costly. So his emails are not admissable in court since they where on her private email accounts?

No, his acquiring her emails without being given access to her account or given the passwords to her account are a violation of her privacy. Any information thus obtained is inadmissable due to a violation of her rights.

It’s a very tricky thing. He doesn’t have to prove that you were the sole cause, only that you were a principal factor. So, even if she initiated contact, if you encouraged her to leave him in any way, then yes, he can still prosecute. (This begs the question “what is encouragement” which is what would have to be left up to the courts to decide.)

Yes, these cases are difficult to prove. If he were to say that he saw her car at your house, the courts would have to weigh in as to how reliable was his testimony and what motivations would there be for him to tell the truth or to lie. So, to prove an allegation would almost take 3rd party evidence, physical evidence, or an admission of guilt.

If there were incidents of them seeking marital counselling before you guys established contact or if they had separated prior to your contact, then it would definitely weaken his case, but it wouldn’t destroy it utterly. He doesn’t have to prove that his marriage wasn’t screwed up. If there was any love and affection of any kind in the marriage, then it is sufficient.

These lawsuits typically run about $10k and up to prosecute all the way through court. Almost all attorneys will demand a sizeable payment up front. The judgement, I believe, cannot take away your retirement or your house. So, if he hasn’t got money to see it through and you haven’t got the money to pay, you probably won’t end up in court, although he could make your life miserable until he runs out of money.


He may have a case against you. The fact that you were involved in a relationship may give him enough ammunition to file a lawsuit against you and allege that you were the cause of the break up in their marriage. However, a jury may not believe these facts.

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

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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My old high school sweet heart contacted me after 30 years. We talked for months and then it turned into an affair. She moved out of her house and separated for only two weeks. Her husband hacked into her computer and got emails that she had sent me. He contatced an attorney and has told her that if she didn’t come back home that he was coming after me for alienation of affection. She went back home to protect me. He said as long as she stays that he will not come after me.

Since she went back home is this alienation of affection threat over or how long before it is? What happens if 3 months from now she leaves him not for me? Does he have a case against me?