A recent opinion issued by the North Carolina Court of Appeals has again applied the civil action of Alienation of Affection as an appropriate remedy against a wrongdoing third party who intrudes into a marriage and alienates the affection of a spouse from their husband or wife, resulting in the break-up of the marriage.
According to the opinion, John Fish sued Wayne Stetina in June of 2020 on claims of alienation of affection and criminal conversation. In 2022, Fish voluntarily dismissed this complaint and filed a new complaint—only asserting a claim for alienation of affection. In 2023, a jury found Stetina liable for alienation of affection. This week, the Court of Appeals upheld the lower court’s ruling awarding both compensatory and punitive damages, totaling over $1.3 million to Fish for the breakup of his marriage.
Alienation of Affection and Criminal Conversation in North Carolina
North Carolina is one of a few remaining states in the nation to maintain the civil actions of alienation of affection and criminal conversation. In applying the law, the Court of Appeals gave a clear and concise overview of what these causes of action involve. “Criminal conversation requires a plaintiff to prove that there was an ‘actual marriage between the spouses and sexual intercourse between defendant and the plaintiff’s spouse during the coverture.’”
“Alienation of affection, on the other hand, requires a plaintiff to prove: ‘(1) there was a marriage with love and affection existing between the husband and wife; (2) that love and affection was alienated; and (3) the malicious acts of the defendant produced the loss of that love and affection.’” The Court went on to state that, “Malice is conclusively presumed by a showing that the defendant engaged in sexual intercourse with the plaintiff’s spouse,… but malice does not require proof of sexual intercourse, …[T]his Court has held that intentional acts by a defendant other than sexual intercourse satisfied the malice element of alienation of affection.”
Overall, the court determined that Stetina’s intrusion into the marriage resulted in its demise and that, under the law, Stetina should be held liable for his malicious actions.
Seeking to Protect Marriage
NC Family believes that marriage is a sacred covenant between one man and one woman, and those who intentionally interfere should be held accountable for their actions. This is why we have fought for years to maintain the civil actions of alienation of affection and criminal conversation in North Carolina. Without these laws, there would be no legal remedy that can be sought against a third party who, through their own malicious acts, breaks up a marriage, and/or commits adultery with the aggrieved spouse’s husband or wife.
It is encouraging to see the North Carolina Court of Appeals once again apply the state’s long-standing commitment to upholding the legal sanctity of marriage.
“‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? “So then, they are no longer two but one flesh. Therefore what God has joined together, let not man separate.” Matthew 19:5-6