Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections. As of 2016, six US states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah) recognize this tort.
Million dollar verdicts have not been uncommon in North Carolina for alienation of affection and emotional distress.[6] In March 2010, a wife won a $9 million suit against her husband's mistress.[7] In another 2010 case, a wife successfully sued her former friend who allegedly seduced her husband while the friend was visiting the couple at their North Carolina home, resulting in the second highest award ever received in such suits.[8] A Mecklenburg County jury awarded $1.4 million in May 2001 to a former wrestling coach against P, after the coach's wife left him for P (the jury verdict was later reduced by the NC Court of Appeals as excessive). A year 2000 verdict of $86,250 for alienation of affections and $15,000 for criminal conversation in the case of Pharr v. Beck, from Burke county was upheld on appeal. In 1997, in the case of Hutelmyer v. Cox, the Plaintiff wife was awarded $1 million against her husband's secretary who "dressed sexy at work" and had an affair with him destroying their marriage.[6]