Property division/ alienation of affection


New update. He now wants to sue for custody of the children.

Any help would be great!


Dear dragonfliez:

Greetings. If your wife did not retain the claim for equitable distribution prior to the divorce, then no. Also, she cannot sue you for alienation of affection. Finally, I cannot imagine what a claim for pain and suffering would be that can be tied to child support. Yes, he can sue for custody, but that is just a ploy typically to make you agree to a lesser amount of child support.

I would advise that you retain an attorney immediately. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Thanks for the response.

I personally didn’t think he had anything. I also see from reading the forum that the alienation of affection cases can cost a bundle.



I was divorced over a year ago. My ex now wants to sue me for property division, alienation of affection and pain & suffering due to our pending child support hearing ( I am sueing him for child support).

Can this happen after a divorce has been finalized?
We did an absolute divorce without legal representation.