Can Alienation of Affection happen without divorce?

I do not to plan to divorce my husband. However, I would like to make sure his mistress does not target someone in the future. Their affair damaged our marriage, family, and possibly future (who is to say I won’t divorce in the future? Right now, I want to try to work on it). It lasted for over a year, and my husband even had “consent” from her husband for each meeting. I appreciate any response, as I’d like to know how to move on with or without this. Thank you!


You could sue your husband’s paramour for alienation of affection without being separated or divorced from your husband, but you may have a difficult time proving that the love and affection existing in the marriage was destroyed if you stay together, married, and in an intact family.

To be successful on a claim for alienation of affection, you must meet and be able to prove the following elements:
(1) You were happily married and there was a genuine love and affection between you and your spouse;
(2) The love and affection in the marriage was destroyed; AND
(3) The wrongful and malicious acts of the paramour produced the alienation of affection

For more information on alienation of affection and criminal conversation, check out our detailed article, Infidelity and Alienation of Affection.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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