POSSIBLE CHANGES IN N.C. LAW INVOLVING HEART BALM TORTS

On May 14, 2009, House Bill 1110 passed the North Carolina House of Representatives. The legislation is entitled An Act To Clarify Procedures In Civil Actions For Alienation of Affection And Criminal Conversation. Now the Bill will move to the North Carolina Senate for its consideration.

North Carolina is one of the few states in which an allegedly wronged spouse may sue an third party under the theories of alienation of affection and criminal conversation, and if successful obtain money damages.

To prove a claim for alienation of affections the Palintiff must show the following:

1. Plaintiff and his/her husband were happily married and a genuine love and affection existed between them; and
2. Their love and affection was alienated and destroyed; and
3. The wrongful and malicious acts of Defendant produced the alienation of affections.

To prove a claim for claim for criminal conversation, a Plaintiff must present evidence demonstrating:

1. The existence of a marriage between the him/herself and his/her spouse, and
2. Sexual intercourse between Defendant and Plaintiff’s spouse during the marriage of Plaintiff and his/her spouse which occurred in North Carolina.

At present, it does not matter whether the tortious acts occurred while the spouses were still living together or if the acts in question took place at some point after the spouses had separated.

It appears that the primary purpose of House Bill 1110 is to limit the applicability of these torts to acts occurring before the spouses separated. For the purpose of House Bill 1110, the word "separation" will be interpreted according to Chapter 50 of the North Carolina General Statutes. Chapter 50 is the portion of the North Carolina General Statutes in which the majority of family law statutes are codified.

Additionally, under House Bill 1110, only natural persons, as opposed to other entities such as corporations, will be subject to such lawsuits; and, finally, the statute of limitations for these heart-balm torts will be three years from the last act giving rise to the cause of action. In my opinion, the torts of alienation of affection and criminal conversation are out-dated and should be eliminated in their entirety. However, our legislature has been reluctant to do so. Therefore, House Bill 1110 seems to offer the next best alternative to outright abolishment. If you agree, please contact your Senator and let him or her know how you feel.