Alienation of affection and criminal conversation are two separate claims that are often paired together. Both claims are civil actions, also known as “heart balm” actions, which are brought against a third party lover, commonly referred to in litigation as a “paramour.”

For example, let’s say a couple is married. Very generally speaking, the wife has an extramarital relationship that may or may not include sexual relations. As a result of the conduct of the wife’s paramour, the wife’s relationship with her husband diminishes. The husband (plaintiff) then may attempt to sue the wife’s paramour (defendant) for either alienation of affection and/or criminal conversation. Alternatively, if a husband has an extramarital relationship, the wife may attempt to sue his paramour. Both claims have a three year statute of limitations.

These claims are not typically favored in North Carolina. The Court of Appeals has attempted to abolish them on numerous occasions, but was very quickly reversed by the Supreme Court. Nonetheless, the possibility of abolishment grows every year as our legislature views these claims as increasingly antiquated.