NC Supreme Court Addresses Alienation of Affection Claim

It’s self-evident that a husband or wife’s extramarital affair might eventually lead to a legal divorce proceeding. However, North Carolina is one of the few states that still allows someone to file a tort action against the individual who engaged in an adulterous relationship with the plaintiff’s spouse. These lawsuits are called alienation of affection claims or heartbalm torts. In these cases, compensation can be awarded for the harm that the defendant inflicted on the plaintiff’s marriage.

While alienation of affection claims are not incredibly common in modern life, they still exist. The offended spouse must prove that love and affection existed in the marriage prior to the alleged interference, and that the third party’s actions resulted in the marriage’s deterioration. One such case was decided by the North Carolina Supreme Court in 2024.

In Beavers v. McMican, David and Allison Beavers had been married for a little more than 11 years when David saw that Allison had sent nude photos of herself to someone named as “Bestie” in her cell phone, and sent texts referring to a sexual encounter between the two. When David confronted Allison, she said the conversations were with a co-worker she called “Dustin.” However, there was no one by that name at Allison’s workplace, and David assumed it was a pseudonym.

Approximately three months after the couple separated, Allison Beavers started dating a co-worker named John McMican. Based on the fact that Allison and McMican had worked together for years and had someone online interactions, David believed that McMican was the person having an affair with Allison while they were still married. McMican denied that any relationship existed while the Beavers were still together. An alienation of affection claim would not survive if the relationship occurred following the couple’s separation.

Without concrete evidence of identity and involvement pre-separation, the trial court granted summary judgment in favor of McMican. Upon review, the Court of Appeals held that evidence of the post-separation affair between Allison and McMican could be introduced in support of David Beavers’ claim that the relationship started while he and his wife were still together.

The North Carolina Supreme Court ruled that evidence of an affair is almost always circumstantial, so the post-separation relationship could be considered when assessing whether McMican played a part in ending the Beavers’ marriage. However, while the actions of “Bestie” might have satisfied the elements of an alienation of affection claim, the justices held that it was pure conjecture to assume that McMican was “Bestie.” In fact, David Beavers did not suspect McMican until he learned that McMican had gotten together with Allison after the separation.

Though alienation of affection actions are relatively rare, many family law cases hinge on evidence related to personal matters. If you’re going through a contested divorce or form of domestic legal dispute, it’s important to have an attorney who can advise you regarding the applicable legal standards and what can be used to prove one’s case in court.

The Moore Law Office, PLLC represents North Carolina clients in full range of family law matters, including divorces and custody disputes. Contact us by calling 828-258-8053 or use our online form to set an initial consultation.