Can I sue my wife’s lover for alienation of affection?

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Can I sue my wife’s lover for alienation of affection?

My wife and I were married in NC 6 years ago; we moved to VA 3 years after that; then we moved to SC last year. I was originally planning to grant her a no-fault divorce. She has now admitted to committing adultery and is still involved in the adulterous affair. Can I sue for spousal support due to the adultery and can I sue the paramore for alienation of affections?

Asked on July 5, 2011 under Family Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

NC is one of the few states that still allow alienation of affection lawsuits. However, in order to bring this type of suit you must be a resident of NC; where you got married as no bearing. And SC does not permit such actions. As for spousal support, typically adultery does not factor into a court's decision as to whether or not to award it (although in some states it may be a factor as to how much support is granted).

At this point you should consult directly with an attorney in your area.


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