‘Archaic’ alienation of affection laws a boon for divorce lawyers

An extramarital affair may not only ruin a marriage, it can cost the unfaithful partner’s lover big bucks. Former U.S. Sen. Kyrsten Sinema may find out just how expensive infidelity can be.

Sinema was named last week in a so-called homewrecker lawsuit, filed under an arcane law called alienation of affection. These lawsuits, still allowed in six states, can cost a lover hundreds of thousands or, in some cases, millions of dollars in damages and legal fees.

But for divorce lawyers, the law has created a lucrative niche by allowing them to seek compensation not only from their clients’ wayward spouses, but also from the partner in cheating.

Sinema, a Democrat-turned-Independent who represented Arizona in the Senate from 2019 to 2025, is accused in North Carolina of breaking up the marriage of a former member of her security staff. Her lawyers have requested that the case be moved from state to federal court, where it would likely be hashed out in a more neutral legal forum. 

But the lawsuit brought fresh attention to this legal relic, a statute that some say needs to be done away with altogether.

“Claims for alienation of affection are weaponized in divorces — for petty reasons,” Utah state Sen. Todd Weiler, a Republican, said in a statement. Weiler is sponsoring a bill that would make alienation of affection lawsuits all but impossible in Utah.

“Many feel that it is an archaic legal relic, …” he said. “Litigation is often fueled by a desire for vengeance or ‘blackmail’ rather than reconciliation. It forces the public disclosure of intimate details, harming families and children.” 

And it can involve a lot of money.

Cottage industry 

Six states still recognize alienation of affection as grounds for a lawsuit: Hawaii, Mississippi, New Mexico and South Dakota, in addition to Utah and North Carolina. In those states, the concept is well known.

“[W]e are very well versed in Alienation of Affection Law,” Lisa Angel, the owner of Rosen Law in Raleigh, North Carolina, told Straight Arrow News. “It is very common to hear requests for help with these types of cases.” 

Alienation of affection is perceived legally as a tort, one that could prove costly to a defendant. In Sinema’s case, the ex-wife of one of her Senate security officers accused the former senator of seducing her husband and breaking up their marriage through “willful and wanton conduct.” She is seeking at least $25,000 from the former senator.

Angel — who is not involved in the Sinema lawsuit — said the case can serve as a cautionary tale.

“National attention on cases like these, though, do help educate people about the law, and hopefully help guide them to make better choices so it won’t lead to a case like this against them,” she said. 

In 2011, a North Carolina judge awarded $30 million to Carol Puryear, the former wife of a trucking company owner, in an alienation of affection case against her ex-husband’s alleged mistress. The award was the largest in the state’s history for this type of case. 

Local law firms advertise these kinds of cases as high-stakes claims that can be used to gain more leverage and settlement money in divorce cases.

Rosen Law’s website lays out the advantages for the cheated upon spouse. 

“An outsider’s interference with marriage can cost them big bucks in North Carolina, …” the site says. “Even if you do not actually file a complaint and sue the paramour, oftentimes the threat of such a suit can be used as leverage in your negotiations with your spouse as you separate. … A lawsuit against them would certainly tarnish their relationship. Additionally, court documents are public record. Your spouse may have an interest in not airing this dirty laundry in public.” 

While Angel said these lawsuits make up a small proportion of her firm’s caseload, they are “very important to the ones who do pursue it with us.” 

Angel explained that evidence is key.

“There needs to be clear pre-separation evidence, including intentional actions on the part of the paramour,” she said, “and often the fees involved can make it not worth pursuing even when it does apply, so we take great care to inform anyone of this before launching into a lawsuit.”

Angel said her attorneys give their clients the pros and cons of filing this sort of suit. Often, she said, the pros prevail. 

“We are the first to warn people about the pitfalls that can come with initiating this type of lawsuit,” Angel said. “It’s not ideal for everyone, even for those who have good evidence for having a case. However, there are some who will greatly benefit from such a lawsuit, and it can be both cathartic and financially lucrative for those individuals.” 

Repealing alienation of affections law 

Critics say that the law allows attorneys to profit rather than seek reconciliation. 

“Keeping alienation of affection is seen as logically inconsistent with modern jurisprudence,” said Weiler, the Utah lawmaker. 

He cites the law’s “antiquated origins” as a reason for repealing it. 

“Once universal in the U.S., the tort has been abolished by the vast majority of states,” Weiler said. But even in states where the law remains on the books, he said, “high-ranking judges frequently call for its abolition, labeling it a ‘historical anomaly.’”

He also argues that it treats the cheated-on spouse as lacking free will. 

“The tort ignores the free will of the ‘alienated’ spouse, treating them as a passive object bamboozled by a third party rather than an adult making an independent choice to leave a relationship,” Weiler said. 

Critics also cite the abolition of a related tort, criminal conversation — which essentially means adultery — as another justification for getting rid of the alienation of affection tort.

Alienation of affection origins 

Inspired by English Common law, alienation of affection laws in the U.S. gained prominence during the late 19th century as states attempted to protect the sanctity of marriage.

Most states abolished their laws in the 20th century, and in states where the laws still exist, plaintiffs must meet a high burden of proof — specifically, that the loss of affection in the marriage was caused or contributed to by the defendant’s malicious actions. 

“The emotional pain of discovering not just an affair but one that leads to the end of a marriage can be debilitating,” Angel said. “Given the bar of malice that needs to be met to even pursue such a lawsuit, those in such a predicament deserve to have their day in court and their paramours held accountable for their actions.” 

Lovers are typically named as defendants, although the suits sometimes target members of the clergy, counselors or therapists. Such was the case with Utah therapist Jodi Hildebrandt, the subject of a 2026 Netflix documentary, “Evil Influencer.” Hildebrant, who is in prison on a child abuse conviction, allegedly used her marital counseling business to break up multiple marriages.

To Angel, the ability to seek redress for malicious acts that separate a couple is important.

“The end of a marriage has real economic impact,” she said, “and these claims can compensate plaintiffs for that.”

The post ‘Archaic’ alienation of affection laws a boon for divorce lawyers appeared first on Straight Arrow News.

Ella Rae Greene, Editor In Chief