Question on Alienation of Affection claim. I live in NC. I have a male friend that lives in another state. I would see this man with my husbands knowledge from time to time for lunch or dinner but never in the state of North Carolina. My husband encouraged both of us to hang out and chat, even told me I could do what ever I wanted with this other man. I saw this other man only a few times again all outside of the state of NC. We did talk on the phone and text. This man never encouraged me to leave my husband, and has been a good friend to me. While there was possibly flirting that occurred, which my husband encouraged until in his mind I enjoyed the attention to much, This other man and I never had sex, never kissed, never were in a hotel or spent the night together. My husband and I are now moving through divorce and he is threatening to sue my friend for AOA. He has bugged my phone, broke into email accounts, had us followed by PI’s after encouraging the behavior he wants to use against me and my friend. My husband has treated me poorly for years, I do not love him but have been scared to leave as he has controlled everything. He asked for the separation, I am not leaving for anyone but I cannot tolerate his abuse further. He has even had my friend followed when I was no where near him sometimes for days at a time. My question does he have an AOA case against someone for hugging me, or flirty texts, (no sexting, no nude pictures, no sexual contact ever). I strongly feel my husband has tried to set up a situation to look like we were having an affair so I look like the bad guy in a divorce. We are wealthy so he has money to sue my friend for AOA just to be hateful if he wants. Please help, my friend does not have money to defend himself in court.
It’s possible that your husband would have a claim for alienation of affection if any of the phone calls and texting took place in NC. A sexual relationship is not required for alienation of affection.
However, it sounds like your male friend would have defenses in that your husband encouraged the friendship and knew about the meetings, therefore, the friend’s acts could not have been wrongful and malicious so as to have caused the alienation of affection. Your friend may also have a defense that no genuine love and affection existed between you and your husband at the time you and your male friend’s friendship began.
For more detailed information on this topic, check out our article Infidelity and Alienation of Affection.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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