What 7 states have homewrecker laws?

Asked by: scraper  |  Last update: July 29, 2026
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As of 2026, seven U.S. states still recognize the "alienation of affection" tort—commonly known as "homewrecker laws"—allowing a spouse to sue a third party for the breakdown of their marriage. These states are:

In what states can you be sued for being a homewrecker?

What Is Alienation of Affection? As of 2025, only Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah still allow alienation of affection lawsuits. And even though these suits might still technically be allowed, courts in most of these states have expressed a dislike for them.

What states can you sue if your spouse cheats on you?

Where Can You Sue?

  • Hawaii.
  • Mississippi.
  • New Mexico.
  • North Carolina.
  • South Dakota.
  • Utah.

Which state has the toughest divorce laws?

10 Worst States to Get a Divorce

  1. Vermont. 450 days--enough said.
  2. Rhode Island. Divorcing couples need to wait 510 days, but they can get a fault divorce for "wickedness." How very New England of them.
  3. South Carolina. This state boasts a 450-day waiting period. ...
  4. Arkansas. ...
  5. 5. California. ...
  6. New York. ...
  7. Nebraska. ...
  8. North Carolina.

Can you get in trouble for being a homewrecker?

"Homewrecker laws" are uncommon in the U.S. in 2026. In fact, only a handful of states still allow spouses to pursue legal action against a cheating spouse's affair partner. Alienation of affection lawsuits are controversial, but so far, it is still an option to file in North Carolina.

What is Alienation of Affection? NC's homewrecker law

24 related questions found

What is the most common age for affairs?

Affairs are most common between the ages of 30 and 59, with different patterns based on gender. For women, infidelity typically peaks in their 30s to 50s, while men report higher rates of affairs in their 50s and 60s.

In what states can you go to jail for cheating on your spouse?

In the United States, about 16 states still technically have laws on the books that make adultery a criminal offense, meaning a person could theoretically face jail time. However, these are "legacy laws" that are rarely, if ever, enforced by modern prosecutors.

What money can't be touched in a divorce?

In a divorce, "separate property" generally cannot be touched or divided by the court. This means the court will not award these funds to your spouse. This untouchable money includes:

What are the four behaviors that cause 90% of all divorces?

According to Dr. John Gottman’s research, the four behaviors that can predict divorce with over 90% accuracy are criticism, contempt, defensiveness, and stonewalling. Known as the "Four Horsemen," these destructive communication patterns destroy intimacy and safety, with contempt being the most dangerous predictor.

What is a silent divorce?

This growing phenomenon is known as a silent divorce, where two people remain married but feel distant, disengaged, and emotionally alone. A silent divorce does not always involve conflict or infidelity. Instead, it's the slow, quiet breakdown of intimacy, communication, and connection over time.

Can I sue someone who slept with my wife?

In most cases, you cannot sue a third party for sleeping with your wife. However, the law varies significantly by location.

What do cheaters say when caught?

When caught, cheaters often use phrases designed to deflect blame, minimize their actions, or gaslight their partner, such as "It’s not what you think," "You’re being insecure/controlling," or "It just happened/it was a mistake". Common reactions also include shifting blame by saying "You made me do it" or blaming the relationship, as well as false apologies like "I'm sorry you feel that way".

What's the difference between infidelity and adultery?

While the terms are often used interchangeably, adultery is a specific subset of infidelity. Infidelity is a broad, overarching term for any breach of a relationship's agreed-upon boundaries (emotional or physical). Adultery strictly refers to a married person engaging in sexual intercourse with someone outside of their marriage.

What money is untouchable in a divorce?

A: Assets considered untouchable in a divorce include inheritances, personal gifts, and property owned before marriage. However, if these assets are commingled with marital property or used for marital purposes, they can lose their separate property status.

Is it okay for a married woman to text another man?

Whether it is okay for a married woman to text another man largely depends on the intent, transparency, and boundaries established within the marriage. Generally, friendly communication is acceptable, but secrecy, emotional intimacy, or flirting behind a spouse's back is often considered a breach of trust or emotional infidelity.

Does Jesus forgive adultery?

Yes, according to the Bible, Jesus forgives adultery. Like any other sin, it requires genuine remorse and a sincere desire to change.

What age is worst for divorce?

Research indicates that the "worst" age for divorce depends on what you are measuring—but for children, the peak developmental vulnerability is ages 6 to 12 (especially around age 11 or 12). For adults, divorce carries the highest risk of financial instability and social isolation when it occurs in later life (ages 50+).

What is the 7 7 7 rule for marriage?

The "7-7-7 rule" for marriage is an intentional relationship framework designed to prevent couples from falling into "parallel lives." It requires a date night every 7 days, an overnight stay away every 7 weeks, and a romantic vacation every 7 months.

What is the #1 thing that destroys marriages?

1. Lack of Honesty. Often when we think of honesty, notably honesty in marital relationships, we think of a very tangible “where were you last night” kind of honesty. While this is obviously critically important, there are many other kinds of dishonesty that can destroy marriages.

What is a GREY divorce?

Gray divorce refers to the demographic trend of couples over 50 ending long-term marriages. Also known as "silver splitters," these separations often happen after 20 or more years together. Unlike younger couples divorcing over child custody or early-career debts, gray divorces focus on unspooling complex assets, like dividing retirement accounts, pensions, and Social Security benefits.

What is the #1 reason people divorce?

The single most common reason cited by divorcing couples is a lack of commitment to the marriage. This foundational issue often manifests as growing apart, a lack of communication, or unmet expectations, eventually leading partners to file for divorce.

What are the 5 predictors of divorce?

So what are the top five predictors of an impending divorce? Infidelity, money issues, lack of communication, constant bickering, and shaming over appearance. Finding a healthy balance between you and your spouse should always be your goal.

Does my wife get half of my 401k in a divorce?

You are generally entitled to half of the 401(k) contributions made during the marriage, as these are considered marital property, though you are not automatically entitled to 50% of the total account. Contributions made before marriage or after separation are usually separate property. The exact split depends on state laws and negotiation.

What is the biggest mistake in a divorce?

Five Biggest Mistakes Spouses Make in a Divorce

  • Not Understanding the Law. ...
  • Letting Emotions Dictate Your Decisions. ...
  • Neglecting to Consider Future Expenses/Situations When Settling. ...
  • Not Having Clear & Unequivocal Language. ...
  • Not Understanding Your Agreement.

What assets are not split in a divorce?

Assets called “non-matrimonial assets” are generally excluded from a divorce settlement in the UK. Non- matrimonial or non-marital assets are things that each spouse solely owned before or after the marriage. These assets are not jointly owned and are usually not divided in a divorce settlement.