A new North Carolina lawwill block jilted spouses from suing third parties over lost love and affection.The change of law, which was signed in August by Governor Beverly Perdue,changes the rules on the legal theories known as alienation of affection andcriminal conversation. Those rules would allow an individual whose spouse takesup with another person to sue for money damages.
The new law will becomeeffective Oct. 1 and will only apply to acts occurring after that date. Underthe newly rewritten law, a third party who begins a relationship with a marriedperson can no longer be sued by the spouse for alienation of affection orcriminal conversation, but only if the spouses were separated when therelationship began.
North Carolina is one ofonly five states that still recognizes the tort of alienation of affection. Therevised law is consistent with the state’s alimony statute that cuts off claimsof adultery and marital misconduct in support of alimony after the date of separation.
If you or someone youknow is thinking about divorce, please contact the Raleigh Divorce Lawyers of Marshall Taylor, PC at 919-833-1040.